Neighbour Demanding I Purchase a New Window

elliot81 on 29/10/2019 - 09:57
Last edited 29/10/2019 - 09:59

Hey Ozb,
I live in late 80's style apartment block of 8 units.
My apartment has 5 crank-style windows, some original, some replacements.
The woman who lives below me made it clear she expected me to replace one of these windows very soon, as she deemed it unsafe.

Sure enough, at closer inspection, there was some rot in the bottom corner of the window frame (ie. the bit holding the window pane in).

As I needed access to her courtyard to work on this, I wrote to her requesting access . An argument ensued about how this should be fixed. I said I was happy to repair it myself (its about 5cm of rotten wood on an otherwise fine window frame).However she was insistent I hire a tradesmen, and get it cleared with her first. Claiming that her, her cats and collection of plants were in-danger.

After the body-corporate represent peaced out of the email chain ('This does not concern Body Corporate, it is a civil matter'), I took matters into my own hands and repaired it from inside my own apartment.

After two coats of wood hardener and waterproof gap-filler and the repair is very solid. Not pretty, but solid.

This was about 3 months back, and everything has been quiet since then. Today I have received an email from her, again bringing in body-corporate and threatening to take me to VCAT if I do not get a qualified tradesmen in to replace the whole window. Also complaining about the lost resale value from the window looking unsightly (it does) and the danger to her cats, plants and husband.

I've responded saying that I'm happy to clean up and paint the window, but will not be replacing the entire thing.Personally, i'm aware this will need to be done sooner or later - however as scaffolding is required; I would like to do all the windows in one go; which is quite costly.

My question is: Is this likely to standup in VCAT? I've heard they are grossly incompetent and don't often get much done.
I'm also heading overseas for work indefinitely very soon, if I get called to VCAT, can I attend over a video link?

Poll Options expired

  • 2
    Replace the window
  • 1
    Replace all the windows
  • 4
    Painting/Cleaning the window is enough
  • 79
    Don't do anything
Home & Garden

Comments

  • Skramit on 29/10/2019 - 10:21
    +3

    Let us know when this drama airs on ACA.

    If your bodgy repair looks unsightly and brings down the value of the block, it's reasonable for them to involve the body corporate to seek a resolution.

    If it's a genuine safety risk, then her request for it to be properly replaced/repaired is reasonable IMO.

    VCAT is really just a formal way of mediation. Their goal is 'compromise' for both parties 99% of the time. Not sure how it would play out though. Doubt you can video attend based on my single experience attending VCAT myself.

    Also post photos please. How ugly/dodgey/unsafe is your repair?

  • MrHyde on 29/10/2019 - 10:22
    +4

    Get a tradie to certify it as safe.

    Then any replacement, she can pay for it if she still wants it done…. Not your issue.

    • iDroid on 29/10/2019 - 12:08
      +2

      Who qualifies as a tradie? What qualification does one need? When is a person suddenly a tradie? What type of tradie should be consulted?

      The window needs to be fixed. Who does it? Unless it's a regulated industry (I don't believe carpentry or glazing are regulated) then the word "tradie" is equivalent to "dude with tools".

      • elgrande on 29/10/2019 - 13:17
        +5

        Anyone in a high vis shirt

  • 69 dollar dealz on 29/10/2019 - 10:24
    +7

    In NSW the window is likely the property/responsibility of the OC as it forms the external envelope and waterproofing of the building. There may be a by-law however making owners responsible for the windows but again this is in NSW.

    Also in NSW, this type of rubbish goes to NCAT all the time - VCAT equivalent. She would need an expert to confirm the window is unsafe as that is an opinion and not an objective observation that can be made, and she probably does not have the expertise to make the assessment of the safety of the window herself. Re-sale value is not a factor. If it were leaking into her apartment that's another story.

    Again in NSw, her remedy and standing in NCAT would be against the OC, or if against a lot-owner through the operation of enforcing a by-law. If no by-law, no standing against another owner.

    If this were in NSW, and I were you. I would either do nothing, make the OC attend to the repairs as they have a statutory obligation to do, or if there was a by-law making the window my responsibility, and I wanted it changed, offer for her to split the cost 50/50 to have a tradesman do it.

    Also NCAT (and I assume VCAT) requires attendances in person and is a no cost jurisdiction - although there is a filing fee usually of about $100.

  • [Deactivated] on 29/10/2019 - 10:28
    +1

    Claiming that her, her cats and collection of plants were in-danger.

    "Everything has been quiet since" then 3 months later…

    danger to her cats, plants and husband.

    She was on the hunt for a man . Now that she's found one, she back to pestering you :p

    p.s: Are you going to be renting your place while overseas? Wouldn't it be easier to rent with new windows?

  • Ryanek on 29/10/2019 - 11:05
    +6

    She sounds terrible. Time to buy a drum set.

  • [Deactivated] on 29/10/2019 - 11:12
    +8

    Claiming that her, her cats and collection of plants were in-danger.

    She is complaining because she is a person with cats and a collection of plants.

    A person with cats and a collection of plants has complaining as a default setting.

  • qwerty on 29/10/2019 - 11:13
    -3

    If said window falls onto someone/something and you got informed prior you could be sued

    • [Deactivated] on 29/10/2019 - 16:19

      Your window could fall on someone.

      Your pavement could trip someone.

      Your sheet roofing may come off and hit someone.

      Your lights may dazzle someone and cause an accident.

      You've been warned. If any of these things happen, you're now liable.

  • Hithere on 29/10/2019 - 11:16
    +3

    The woman who lives below me made it clear she expected me to replace one of these windows very soon, as she deemed it unsafe.

    So she's a qualified building inspector?

    If not just ignore her, she sounds like a sad lonely person who has no life.

    • poboy on 29/10/2019 - 12:31

      Plus, if address one of her needs, she'll take that success to heart and start on something else.

      She has no jurisdiction over you.

  • brendanm on 29/10/2019 - 11:19

    Tell her to go flap a goat.

  • toniyellow on 29/10/2019 - 11:30

    Why is her cat scratching / eating / doing some activity that is affected by your window?

    Look up the regulations for cats in your local council and see if is being controlled as it should - it could be that it needs to be kept indoors at night, and restricted to her property (doesn't sound like it is doing that but I am not sure how common property in an apartment buildign would affect this)

    e.g.https://www.kingston.vic.gov.au/Community/Pets/Cat-Ownership/Cat-Confinement

    If you start questioning that, she may stop.

  • slow on 29/10/2019 - 11:34
    +1

    What is this "qualified tradesperson" she is talking about? I didn't know you needed a qualification to fix a window

    • iDroid on 29/10/2019 - 12:09
      +1

      It's easy, start calling yourself a tradie and all is fixed!

    • kahn on 29/10/2019 - 13:11

      Some dude with a rockin' bod. She just wants to have a perv at buff dude on a ladder and maybe offer him to look at her pussies cats.

  • Bargain80 on 29/10/2019 - 12:49

    Pretty sure in most strata unit, appearance from outside must kept tidy and same in general.
    So you could be in trouble with the body corp if it looks ugly from outside.

  • brad1-8tsi on 29/10/2019 - 12:54
    +1

    Are you strata title or community title?

    If strata then the window is a strata issue.

    Can you get a mate in with hi-vis and his bum crack showing to "repair" the window.

    Otherwise, can you get 2 people from the strata committee to come and give an unbiased opinion on the strength of repairs?

    • [Deactivated] on 29/10/2019 - 16:20

      One can wear a hi viz, the other to spot a crack.

  • whooah1979 on 29/10/2019 - 13:01
    +2

    Claiming that her, her cats

    Check the by-laws to see if residents are allowed to keep domestic pets.

  • whooah1979 on 29/10/2019 - 13:04
    +1

    Ask her if all her cats are registered with the council.
    http://agriculture.vic.gov.au/pets/registration-legislation-…

    • jjjaar on 29/10/2019 - 13:56

      Also, depending on where you live, you may need a Permit for having cats. Most places 2 is allowed, some you need a permit for 3+, others 4+.

      http://agriculture.vic.gov.au/pets/cats/legal-requirements-f…

      Permits are required when there are more than a certain number of cats or dogs kept in a household. This number is set by your local council, so you need to check with them what the limit is.

  • [Deactivated] on 29/10/2019 - 18:02

    Neighbour Demanding I Purchase a New Window

    You should demand that your neighbour pay for the window installation!

  • Euphemistic on 29/10/2019 - 19:12
    +1

    ‘I can’t afford to replace it, it is safe in the current condition, but I will ensure the repair is tidied up to look acceptable from the outside. I guess if it falls on you or your cats you can sue me, but I reckon that won’t happen. Good day’

    • [Deactivated] on 30/10/2019 - 14:36

      will ensure the repair is tidied up to look acceptable from the outside.

      How will you do that if she won't let OP in her courtyard?

      As I needed access to her courtyard to work on this, I wrote to her requesting access . An argument ensued about how this should be fixed. I said I was happy to repair it myself (its about 5cm of rotten wood on an otherwise fine window frame).However she was insistent I hire a tradesmen, and get it cleared with her first.

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