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[Fromthenorth]

In early February a NBN technician connected a white conduit pipe from the NBN node (on my outside brick wall) to the Foxtel outlet on the outside brick wall. The chairperson objected to the white conduit pipe defacing the heritage nature of the property. However I said I did not have any problems with it.

Subsequently I received an email from the strata manager (on instructions from the chairperson) saying whether I am going to recall the NBN technician to fix the cabling. Again I replied that I will not be changing anything as I have no problems with the installation.

Then I receive a further email from the strata manager stating that the committee have resolved that the minimum requirement for NBN installation must be through the brick wall. It is important note that the committee comprises all 8 unit owners in the strata. I queried this as a member of the committee as I had not received an email to vote  I asked another unit owner. All unitowners were emailde except me to provide comments on the NBN installation. No voting had occurred so the statement that the committee had resolved the minimum requirements for an NBN installation was a false statement.

Can I do anything legally or non-legally about this false and dishonest statement ?

Then I proposed that a vote should be taken on my NBN installation. This was accepted. This is what should have been done in the first place.

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[Jimmy-T]

So what exactly is the problem, here?  That they didn’t take a vote? Or that they’ve now taken a vote and supported you?  Or something else?

Here’s the thing, in all likelihood the wall is common property and you can’t do work on common property or change the outward appearance of your lot without strata permission, probably in the form of a by-law.  I know that seems heavy-handed, but it’s the law so you are going to be on the losing side if you fight it.

See if you can find a compromise – maybe paint the pipe the same colour as the wall – and everyone can go back into their boxes.

However, the chairman was a bit sneaky in not including you in the email corresponcence so you could always put a motion up for the next committee meeting that that chair be vacated and a new member be elected as chairperson.

 

 

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.

[Fromthenorth]

To clarify a vote has not been taken by the committee (all 8 uni owners) when I received an email from the strata manager stating the committee has stipulated that NBN cabling must go through the brick wall.

After this I sent an email to the strata manager stating a vote should be taken: Should the conduit NBN cabling be changed ? Yes or No. If Yes, which one of the following do you select:

i) paint the conduit
ii) reroute the NBN conduit through the brick exterior wall and interior wall through to the unit
iii) other option(s) to be specified

I would accept the majority vote.

This proposal has been accepted and the vote will happen

 

 

[kaindub]

There is a two edged sword in here.

NBN installation will apply to all lot owners. Whatever they deem suitable for you, the other owners will need to also comply with.

I can understand how the other lot owners feel, and maybe you have contravened the by laws.

The correspondence concerning NBN installations that I have seen does make it clear that OC permission may be needed in some cases. NBN is being upfront about this.

Perhaps a meeting of all owners to discuss how NBN is to be installed could be first call. All owners will probably need a by law so why not agree on one bylaw covering all lots rather than having 8 separate bylaws.

Consider also that an NBN is pretty much mandated as your regular phone lines will disappear.

 

[Banned]

From memory you can only specify an internal location where the equipment is to be  located and the rest is then up to NBN as to how they get the cable to that location. I could be wrong, but you may want to check it.

[Author]

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