Who is Responsible For Broken Windows in Strata

A cracked window in your strata building sounds simple, until someone has to pay for it. Is it the owners corporation’s problem? The lot owner’s? The tenant’s? The answer usually depends on where the window sits, how the damage happened, and what your plan of subdivision actually says.

In Victorian strata, these questions come up more often than you’d expect, and getting it wrong can mean unexpected costs, insurance disputes, or delays that leave the damage sitting there for weeks.

This guide breaks down who is typically responsible for broken windows in strata, when insurance applies, and how Committees can handle repairs without the back-and-forth.

Key takeaways:

  • Responsibility for broken windows depends on whether the window forms part of common property or private property.
  • The plan of subdivision and OC Rules are key in determining repair obligations.
  • Owners corporation insurance may cover some external windows and glazing.
  • Fast reporting and clear communication help reduce disputes and safety risks.

Understanding property types in strata schemes

In a strata scheme, every part of the building is classified as either common property or private property. That classification is what determines whether the owners corporation or the lot owner is responsible for a repair — so it’s the first thing to check when a window breaks.

Common property vs. private property

Under the Owners Corporations Act 2006, the owners corporation is responsible for repairing and maintaining common property. That’s why this distinction matters because it directly determines who pays.

Common property typically covers the shared structure of the building: external walls, roofs, stairwells, lifts, shared hallways, and often external windows and their frames. Private property generally includes everything within the lot boundary such as internal walls, flooring, fixtures, and in many cases, windows that sit within the lot on the plan of subdivision.

What does the owners corporation cover?

If a broken window is part of the common property such as glazing in a stairwell, a corridor window, or external glass attached to the shared building structure, the owners corporation will usually arrange and fund the repair.

What falls under private property responsibility?

Lot owners are usually responsible for windows within their lot boundaries. This typically applies when the window is defined as part of the private lot on the subdivision plan, the damage occurred from inside the apartment, or it was caused by the owner, their tenant, or a guest.

That said, every plan of subdivision is different. Before assuming who’s responsible, it’s worth checking the building’s specific documents.

Who pays for broken windows in strata?

Once you know where the window sits and how the damage happened, responsibility usually becomes straightforward. The chart below shows how it typically works in practice.

The flowchart outlines a decision-making process for identifying which party must pay for a broken window in a strata setting. If the window is located on common property, such as an external wall or stairwell, the Owners Corporation holds the responsibility for the repair. However, if the window is situated within a private lot like a living room or bedroom, the obligation falls to the Lot Owner. In instances where the damage is directly caused by a tenant or their guest, the tenant is required to pay for the damage as stipulated under their lease agreement. Finally, if the damage is the result of a building defect or general fair wear and tear, the cost is covered by either the Landlord or the Owners Corporation.

 

What factors affect responsibility for broken windows?

The Owners Corporations Act 2006 sets the baseline, but a few other factors can shift who actually pays.

OC Rules and special resolutions

Individual owners corporations can adopt their own OC Rules, which may assign maintenance obligations differently, for example, clarifying responsibility for balcony windows or requiring lot owners to maintain windows that service their lot. In some buildings, responsibilities have also been reassigned through a special resolution.

This is why Committees should review their Rules periodically to make sure they still reflect how the building actually operates.

How the plan of subdivision determines window ownership

In Victoria, the plan of subdivision is often the deciding factor.

Window boundaries are commonly classified as:

  • Exterior boundary: often the lot owner’s responsibility
  • Median boundary: may involve shared responsibility
  • Interior boundary: often owners corporation responsibility

Subdivision plans can vary significantly between buildings, especially across older and newer developments.

If your Committee is struggling with ongoing maintenance disputes or unclear repair responsibilities, our team can help you assess whether your current management approach is working for your community. You can speak with a Consultant through our Contact Us page.

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Does strata insurance cover broken windows?

In many cases, owners corporation insurance covers external glazing and windows that form part of the insured building structure. However, whether a claim is accepted depends on several factors:

  • The insurance policy wording: coverage limits, exclusions, and definitions of “building structure” vary between policies
  • Whether the window is common property: insurers will typically only cover windows that fall within the owners corporation’s maintenance obligations
  • How the damage occurred: storm damage and vandalism are usually covered, while wear and tear or poor maintenance may not be
  • Whether negligence was involved: if the damage was caused by a lot owner, tenant, or guest, the insurer may deny the claim or seek recovery from the responsible party

Lot owners should also carry their own building or landlord insurance for items not covered under the owners corporation policy. Tenants should consider contents insurance, particularly for accidental damage inside the property.

What to do after a window breaks

When a window breaks in a strata property, acting quickly helps reduce safety risks and prevents disputes down the line. Here’s the usual sequence:

  • Make the area safe immediately: clear broken glass, block off the area if needed, and arrange temporary covering to secure the opening
  • Notify the owners corporation or strata manager: report the damage as soon as possible, even if you’re unsure who’s responsible
  • Take photos of the damage: document the window, surrounding area, and anything that may have caused the breakage before any cleanup or repairs
  • Review insurance coverage: check whether the damage falls under the owners corporation policy or your own building, landlord, or contents insurance
  • Confirm responsibility before arranging repairs: refer to the plan of subdivision and OC Rules to establish whether it’s a common property or lot owner issue, so the right party organises and pays for the fix

How to make an insurance claim for a broken window

Dealing with a broken window is stressful enough without the added confusion of insurance.

The good news is, once you know who to contact and what’s covered, the process becomes much simpler. Here’s a quick guide to help you through it.

How Strata Management Consultants can help your Committee

A broken window might seem like a minor issue, but when responsibility isn’t clear, it tends to surface bigger gaps like outdated OC Rules, subdivision plans that no one has reviewed, or a lack of process for handling repairs and insurance claims.

If your Committee is dealing with:

  • Recurring disputes over who’s responsible for repairs
  • Delayed maintenance because no one’s sure who should approve or pay
  • Insurance confusion around what the owners corporation policy actually covers
  • Tension between owners and tenants over damage and repair obligations

These are signs that the building’s management framework needs attention, not just the window.

Strata Management Consultants works with Victorian owners corporations to clarify maintenance responsibilities, review subdivision plans and OC Rules, and put clearer processes in place so these issues don’t keep coming back.

Resolving disputes through mediation or VCAT

If a repair dispute continues after responsibilities have been reviewed, there’s a formal process for resolving it:

  1. Notify the owners corporation in writing: put the issue on record with a clear description of the damage, your position on responsibility, and what resolution you’re seeking
  2. Review the subdivision plan and OC Rules: this is often where the answer sits, and having it documented strengthens your position if the matter escalates
  3. Attempt mediation: a neutral mediator can help both parties reach an agreement without the cost and time of a formal hearing
  4. Apply to VCAT if no agreement is reached: the Victorian Civil and Administrative Tribunal can hear disputes about owners corporation maintenance and repair obligations under the Owners Corporations Act 2006

Most disputes are resolved before reaching VCAT, but knowing the full process gives Committees and lot owners more confidence when navigating disagreements.

Looking to change your strata manager in Melbourne?

A broken window is rarely just about the glass. When responsibilities aren’t clear, what starts as a simple repair can spiral into weeks of unresolved emails, finger-pointing, and frustrated residents.

The best way to avoid that is to get ahead of it. Make sure your OC Rules are up to date, your subdivision plan has been reviewed, and your Committee has a clear process for handling repairs when they come up.

If your building keeps running into the same maintenance disputes, our team can help you sort out what’s not working.

Call us on 03 9007 2618.

Top FAQs: Broken Windows in Strata

The contents of this article or website are only intended to provide a general overview of the topics discussed. The author of this article makes no representations as to the accuracy or completeness of any information and the information is not intended to constitute investment, legal or professional advice. You should seek professional advice before acting or relying on any of the content. This article does not contain references to any specific company, organisation or individual, unless expressly specified.
Posted
October 07, 2025
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