- This topic has 4 replies, 3 voices, and was last updated 10 years ago by .
-
Topic
-
I live in a 1920’s block of 21 units.
We are in the midst of some major electrical work and now the Strata Manager has advised that the OC is responsible for the re-wiring of all units, and a special levy has been raised.
Myself and at least one other unit owner have already had our units re-wired which we paid for as we assumed that this would be an owner responsibility and now we are being asked to contribute to the cost of re-wiring all units.
We think that this is grossly unfair – apparently the Strata Manager believes that this is an OC responsibility because the meter boxes are on common property and the cables run through some common property walls.
Is there anything that I can do to avoid having to pay agin.
-
Replies
-
Tell your strata manager that you would like the Owners Corp to agree that your payment is excessive but that you are prepared to take responsibility for all the electrical wiring in your unit and will sign a binding document to that effect – that way the Owners Corp can’t be liable for the quality of work done by your contractor.
Failing that, you will take the OC to NCAT for orders under Section 149 (see below). Your strata manager will argue that everybody has to pay the same because that’s what the laws says (which is kind of true) but the law also allows for variations in certain circumstances. So long as the owners corp is not left with liability for work that you did on your unit (and this may require a special resolution by-law) then it should be OK.
That said, if there is any additional cost imposed in reaching this compromise, you should pay it because, when it gets down to brass tacks, regardless of the circumstances, you shouldn’t change common property without the knowledge and approval of the Owners Corp.
149 Order for variation of contributions levied or manner of payment of contributions
(1) An Adjudicator may make either or both of the following orders if the Adjudicator considers that any amount levied or proposed to be levied by way of contributions is inadequate or excessive or that the manner of payment of contributions is unreasonable:
(a) an order for payment of contributions of a different amount,
(b) an order for payment of contributions in a different manner.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
Our building late 60’s build similarly has had its share of issues regarding wiring.
Is it correct that all wiring internal to the lot (I.e from internal fuse board to powers points etc is the responsibility of the owner or is it possible that the OC could be responsible for cabling in exterior walls? Our neighbour is convinced that the OC is accountable for rectifying failed power circuit to some points in the kitchen. I would have thought that the OC was responsible for power from main distribution board into the lot to the fuse board and the owner for everything internally.
JY
The bible on this, the SCA’s ‘Who’s Responsible’ document says this:
Any pipe, cable, ducting, plug or the like that is for the exclusive use of the lot, then if it breaks:
- Within the lot – Owners responsibility
- Outside the lot or in a wall, floor or ceiling that abuts to either common property or another lot – Owners Corporation responsibility
That means that any wiring inside an external wall, ceiling or floor, is Owners Corp responsibility and any thing outside the wall (such as a socket) or in an internal wall that doesn’t adjoin common property or another lot is the lot owner’s responsibility.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.