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:
- The frame (timber, aluminium or PVC)
- The glass (single or double-glazed)
- Seals and weather strips
- Locks and latches
- Tracks, runners and balances
- Flyscreens (sometimes treated separately)
Typical position
For most NSW strata schemes — including townhouses — the default rule under Section 106 of the Strata Schemes Management Act is that the window unit is common property, and the owners corporation is responsible for keeping it in working order.
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 — townhouse schemes can be different
This is one area where townhouse plans can flip the usual position. Some townhouse schemes were registered with windows treated as fittings of the lot, not common property. Others have by-laws (sometimes very old ones) that put window maintenance on the lot owner.
If your scheme has a special 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 was registered, 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 usually need owners corporation approval. A by-law may be needed for anything that changes common property. Without a by-law, you may end up responsible for the entire installation indefinitely — and worse, the OC could require you to restore the original window at your cost.
Sources
Strata Schemes Management Act 2015 (NSW), s4 (definition of common property — includes window units in most schemes), s106 (strict duty to repair and maintain common property), s108 (changes to common property need approval — applies to window upgrades and security screens).
Seiwa Pty Ltd v The Owners — Strata Plan No 35042 [2006] NSWSC 1157 — strict duty principle applies to common-property window maintenance.
NSW Fair Trading — Strata living and dispute resolution guidance.