- This topic has 4 replies, 3 voices, and was last updated 11 years, 11 months ago by .
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Topic
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the owner above us wants to rearrange his drainage. This would involve extra pipes in the space between our ceiling and the underfloor of their unit above.
who owns this space? If his plumber needs access to this space, can he cut a hole in our ceiling to access it and put in new pipes or repair/ redirect existing ones?
Assuming he can do this because that space is common property, who gives permission for him and his plumbing people to access our unit and carry out the work?
what rights do we have if he doesn’t repair the hole cut in our ceiling to our satisfaction?
what rights do we have if the noise from the new shower above is too intrusive?
i am very interested in your answer? Please make it a prompt reply if you can
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Replies
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Johnty – it sounds like you have an interesting Strata Plan what with Owners trading units of entitlement (ref: your other post), but in answer to your post here, as the ceiling of your Lot is merely there to conceal pipework and services to other Lots, both that ceiling and the space between it and the underside of your above neighbour’s floor is Common Property – entirely the responsibility of your Owners Corporation (O/C).
Neither your neighbour nor their plumber may do anything to do with the former’s new shower installation without the prior written consent of your O/C by way of a special resolution at a General Meeting, where >75% of those in attendance must vote in favour in order for your neighbour’s Motion to pass, with that percentage being determined by the units of entitlement (UOE) of those voting and the total UOE of those present and entitled to vote (including proxies).
It is through the procedures of that Meeting where you may express your concerns about the proposal, including those you mention about noise from the shower (if consented) and during the works themselves, and your O/C as a whole can consider other implications such as who will be responsible for the on-going maintenance and repair of the proposed shower (e.g. floor / tiles / waterproof membrane), possible consequences arising from alterations to any common services (e.g. water supply and drainage serving other Lots), and how the O/C may be indemnified from any or indeed all of that (i.e. by a Special By-Law).
Johnty – As I said before it’s NOT your ceiling, and if your Owners Corporation resolves to permit your upstairs neighbour to cut a hole in it, then it’s up to it to ensure that the ceiling is returned to its original state.
Frankly, I wouldn’t preempt a 75% vote in favour of your neighbour’s proposal at the General Meeting that’s yet to be convened, as right now I’m unconvinced about the validity of the respective units of entitlement that you quoted in your other post on that topic!
Can you update your post on that issue!
My 2 cents worth would be that this would really depend on whether your neighbour has initiated anything anyway. Also, I doubt there’s much space in the ceiling for storage or much else for that matter so you shouldn’t worry to much about utilisation of that space right? Not sure if I’m on the right track with that…