When the Legislation was introduced requiring all Strata Schemes to install child proof window locks, the Regulator failed to consult with industry. As a result the following questions still remain unanswered:
· are window locks required to have regular inspections?
· if the locks are damaged or removed and someone is injured as a result, is the Owners Corporation exclusively liable or is there claim for contributory damages?;
· as the installation and maintenance of window locks is a statutory obligation of the Owners Corporation, can an insurer deny a claim for personal injury as the Owners Corporation has failed to fulfill its Statutory obligations to ensure the lock is installed and functional;
· can an Owners Corporation transfer the liability for the installation and ongoing maintenance to the lot owner?
The regulators lack of response on these and other queries indicates that the Regulator does not know the answers.
As the installation and ongoing maintenance is currently a Statutory obligation of Owners Corporations and it is impractical to inspect window locks on a daily basis, many Owners Corporations have sought to minimise their liability by passing and registering a by-law requiring the owner and/or occupier of a lot to immediately inform the Owners Corporation if a window lock is damaged, non operational or removed in order that the Owners Corporation may take immediate action to repair or replace the defective window lock and thereby minimise any potential injury and/or liability for personal injury.