Who Repairs My Flyscreen That’s Torn?
A torn flyscreen might seem like a small annoyance, but in a strata property, even small repairs can raise the big question, who’s responsible? The answer depends on a few key factors: whether it’s part of the common property, your lot, and what your by-laws say.
1. Start with the Basics: Lot vs Common Property
In most strata schemes, lot property (the area you own) is your responsibility to maintain. Common property (shared areas like foyers, external walls, and windows) is the owners corporation’s responsibility.
The trick is working out where your flyscreen sits in that division.
If it’s attached to a window or door that forms part of common property, responsibility often lies with the owners corporation.
If it’s on a window or door that’s entirely within your lot boundary, the repair is usually yours to handle.
2. The Usual Rule for Flyscreens
In many states and territories, flyscreens are considered lot owner property unless they were originally installed by the builder as part of the building’s construction and are affixed to common property windows.
In practice:
You replace it if: it’s on a window or balcony door within your lot and the by-laws don’t say otherwise.
Owners corporation replaces it if: it’s part of the building’s original common property and they’ve taken responsibility for its upkeep in the by-laws.
3. What Your By-Laws Say Matters
By-laws can override the “default” rules. Some schemes have decided it’s easier if the owners corporation handles all external flyscreen repairs to keep appearances consistent. Others place all responsibility on lot owners.
Tip: Check your scheme’s by-laws before you pick up the phone or the screwdriver — it can save a lot of back-and-forth.
4. How to Get It Fixed Without Disputes
Step 1: Identify whether the damaged screen is on a common property window or entirely within your lot.
Step 2: Check your by-laws for any specific clauses about flyscreens or window fittings.
Step 3: If in doubt, email your strata manager or committee with a photo and ask them to confirm responsibility.
Step 4: Get quotes and arrange the repair (or request the owners corporation do so) depending on the answer.
5. State and Territory Nuances
While the general principles are similar across Australia, the legislation differs:
NSW: Strata Schemes Management Act 2015 applies; flyscreens are generally lot owner responsibility unless in by-laws.
VIC :Owners Corporations Act 2006; lot owners are usually responsible unless the OC has agreed to maintain them.
QLD: Body Corporate and Community Management Act 1997; generally a lot owner duty unless attached to common property under a maintenance responsibility by-law.
Other states/territories: Similar “lot vs common property” approach but always check local regulations.
6. The Bottom Line
If your flyscreen tears, don’t assume it’s automatically the owners corporation’s problem. Responsibility comes down to boundaries and by-laws. A quick check can save time, money, and unnecessary committee debates.
Disclaimer:
This article is intended for general educational purposes only and does not constitute legal advice. Readers should seek independent legal and professional guidance relevant to their specific circumstances and jurisdiction
Disclaimer:
This article is intended for general educational purposes only and does not constitute legal or financial advice. Readers should seek independent legal and professional guidance relevant to their specific circumstances and jurisdiction
