Windows are one of the most disputed items in townhouse strata — and one of the most misunderstood. The short answer: the window unit (frame, glass, hardware) is usually common property. But who actually pays for repair can depend on the cause, the by-laws, and whether anyone's changed the rules over the years.

What we're talking about

"Windows" covers more than just the glass. The window includes:

Typical position

For NSW strata schemes — townhouses included — windows sit in the wall structure, which is outside the lot by default (Strata Schemes Development Act 2015, s6). So the window unit is common property, and the owners corporation must keep it in good repair (s106 of the Strata Schemes Management Act 2015).

Usually OC

  • Window frames
  • Glass (replacement due to fair wear, seal failure, etc.)
  • Seals, weather strips and gaskets
  • Built-in window locks and standard hardware
  • Tracks, runners and operating mechanisms
  • Painting of external window frames

Usually owner

  • Flyscreens (in many schemes, but check)
  • Window cleaning
  • Window furnishings (blinds, curtains, security screens)
  • Damage caused by the lot occupier (e.g. cricket ball, slammed sash)
  • Upgraded windows installed by an owner

Often grey

  • Windows replaced or upgraded years ago
  • Security screens fitted to common property windows
  • Internal condensation issues
  • Tinting and films
  • Schemes with by-laws shifting responsibility

⚠ Important — check your plan and by-laws

The default rule is the same for townhouses and apartments. What can change it is a notation on your registered strata plan, or a by-law (sometimes a very old one) that puts window maintenance on the lot owner.

If your scheme has a common property rights by-law about windows, that by-law usually applies — but only if it was properly registered. Always check both the strata plan and the current by-laws before deciding who pays.

Grey areas and common disputes

Windows replaced or upgraded by a previous owner

This comes up often. Someone replaced an old timber window with a double-glazed aluminium one before you bought your townhouse. Twenty years later, the hinges fail. Is it still common property? Usually yes — but a properly registered common property rights by-law may have put ongoing maintenance on whoever installed the new windows (and that obligation can pass to later owners). If no by-law or approval put maintenance on the owner, it's the OC's responsibility. If you're inheriting an undocumented change, get the by-law position checked.

Broken by the occupier vs broken by fair wear

If a lot owner or their family breaks a window (cricket ball, slammed sash, kids being kids), the cost usually shifts to them — but the actual repair is still done as common property work because the OC needs to authorise the replacement. The OC pays the contractor and then claims back from the owner.

Flyscreens

Flyscreens are a common source of confusion. They're often considered fittings rather than part of the window, and many schemes treat them as the owner's responsibility. But this isn't a hard rule — check your by-laws and your strata plan.

Energy upgrades and security screens

If you want to upgrade to double-glazing, fit security screens, or add tinting, you need owners corporation approval first. Replacing windows usually needs a special resolution under s108, which must say who maintains the new work; smaller additions may be a minor renovation under s110. Ask us which applies before you order anything.

Practical next steps

  1. Take photos showing the issue and the surrounding frame.
  2. Report it in writing to your strata manager.
  3. Don't replace the window yourself if you believe the OC is responsible. The OC's contractor and insurer matter for warranty and consistency reasons.
  4. Mention the cause if you know it — fair wear and tear vs accidental damage changes the conversation.
  5. Check the by-laws if your scheme has anything specific to windows or to glazing upgrades.
  6. If it's disputed, ask for the OC's position in writing. If it still can't be settled, ask us about the options, including mediation through NSW Fair Trading.

Sources

Strata Schemes Development Act 2015 (NSW), s4 (definition of common property) and s6 (lot boundaries).

Strata Schemes Management Act 2015 (NSW), s106 (duty to repair common property), s108 (alterations to common property), s110 (minor renovations).

The owners corporation's duty to repair common property is strict (s106; Seiwa Pty Ltd v Owners Strata Plan 35042 [2006] NSWSC 1157).

NSW Fair Trading — Strata living and dispute resolution guidance.

This isn't legal advice. Townhouse strata plans are registered differently from one another. If responsibility is disputed and there's significant cost involved, speak with your strata manager or get legal advice before paying for the work.
AH
Alan Hunter
Licensee in Charge, Townhouse Strata · Class 1 Strata Manager