MALUDRA PTY LTD and THE OWNERS OF WINDSOR TOWERS STRATA PLAN 80

The case before the court involved Maludra Pty Ltd and the Owners of Windsor Towers Strata Plan 80. The dispute centred on the obligations of the Strata Company under the Strata Titles Act 1985, specifically concerning the maintenance and replacement of windows in both common property and specific lots. The court was required to determine whether the Strata Company had fulfilled its statutory obligations to maintain and keep the windows in good and serviceable repair, and if the decision not to replace certain windows was reasonable.

The primary legal issue before the court was whether the Strata Company had unreasonably failed to replace windows that were close to the end of their serviceable life, particularly those in common property areas. The court examined whether the decision not to replace the windows in certain lots was unreasonable, considering that many windows had already been replaced by the Strata Company and there was no evidence of leaks in those lots. Furthermore, the court needed to assess whether the evidence of a leaking common property window, which had caused damage, and the absence of a process to replace it, indicated an unreasonable failure to maintain the property.

In determining the matter, the court found that it was not unreasonable for the Strata Company not to replace the windows in the specific lots, as there was no evidence of leaks or damage. However, the court concluded that the failure to replace a leaking common property window, which had caused damage, was unreasonable. The evidence showed that the window had not been replaced, and there was no process in place to address the issue. The court emphasised that the decision to replace windows should be based on the condition of the windows and the need for repair or replacement, and that the Strata Company had not acted reasonably in this instance. The court also noted that there was no evidence of other failures to maintain, renew, or replace common property.

The final orders of the court included a declaration that the Strata Company had unreasonably failed to replace a leaking common property window, which had caused damage. The court ordered the Strata Company to replace the window and take necessary steps to prevent further damage. Additionally, the court found that the Strata Company had not acted unreasonably in deciding not to replace the windows in the specific lots, given the absence of evidence of leaks or damage. The court emphasised the importance of the Strata Company adopting a process to assess and address the maintenance needs of the property.