Converting your windows to aluminium
Category Newsletter: Article
As we recover from the festive season hangover, in the sectional title realm it is often a time when we look at maintenance of the common property, that is painting of the building, repairing of leaking windows and balconies, all before the winter rain starts falling a few months down the line. A query I often get, especially from my clients who are located next or in close proximity to the ocean is – “How can we convert from wooden or steel windows to aluminium?” The answer, as with many things in sectional title, is that it is not that simple and if you get it wrong your building could potentially look like an eye sore.
The process should be initiated by the trustees who should, in broad terms, determine what they want. They should envisage a point in time somewhere in the future of what the building should ultimately look like from the outside.
Legally the medial line of the window is the boundary between the section and the common property. Put simply, for purposes of this discussion, the inner half of the window is part of the section, the outer half part of the common property. The costs of replacement of windows, due to normal wear and tear, should therefore be borne 50/50 between the owner and the body corporate. But whose duty is it to appoint the contractor and to ensure that it gets replaced to the exact specifications required? What are the specifications and what other requirements apply?
Schemes who want to convert to aluminium are often faced with a dilemma as many wooden or steel windows may be in a perfectly good condition and do not require replacement. This is not necessarily a problem if the owners and the trustees are comfortable with a long conversion period. Ultimately, when such windows eventually require replacement it will be done with aluminium. Problems arise with schemes that want to convert a little quicker. Remember, to change a window you need the consent of the owner concerned and he or she may not be willing to carry the burden of the extra costs when replacing a perfectly functioning wooden or steel window.
In order to successfully convert to aluminium my recommendations are as follows:
(1) The trustees should appoint an architect to draft specifications.
(2) Appoint an attorney to assist with the preparation of Design Guidelines which are to be incorporated into the Conduct Rules.
(3) Table the Design Guidelines for adoption of the owners in general meeting (a 75% vote is required).
The Design Guidelines should, naturally, contain the specifications of the windows, types of windows, manner of installation etc. These Guidelines should clearly state a policy of converting to aluminium windows and that any window that requires replacement should be done in accordance with the guidelines.
Payment of costs should also be addressed and here the following two options may be considered –
For those schemes who are a little impatient:
Offer to pay half the costs of replacement of the existing steel or wooden window. The balance of the funds to install the aluminium window is to be paid by the body corporate. This should only apply to those windows that are in a perfectly good condition that do not require replacement. This serves as an incentive to owners to convert as soon as possible.
The costs of installing aluminium windows in instances where the window actually requires replacement is borne 50/50 between the owner and the body corporate.
For those schemes who are willing to wait a bit longer:
All windows that require replacement must be done with the approved aluminium design. Costs of replacement are divided 50/50.
I furthermore recommend that the duty to replace the windows, that is to appoint, oversee and pay the contractor, be shifted onto the shoulders of the body corporate. I find that if left up to owners they often err and the wrong windows are installed. The duties and responsibilities of owners and the body corporate and the recovery of costs should be clearly specified in the Design Guidelines or the Rules.
For schemes that do not want to wait another “day” and want a total conversion, that is all wooden or steel windows must be replaced immediately (more or less), the situation is simple – you need the consent, preferably in terms of a written agreement which contains all the nuts and bolts, of every single owner. They do ultimately own 50% of the window.
The conversion to aluminium windows makes perfect sense especially in those schemes where such windows are exposed to harsher than normal elements. Yes it is more expensive but in the long run it is cheaper as they require less maintenance. If the trustees follow my recommendations above they should be on the right track.
Source: Jacques Maree, Sectional Title and Homeowner’s Association Attorney
Author: Jacques Maree
