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[Anonymous]

Can an owner change their metre and electricity supply to their unit from single phase to three phase without permission or do they need to apply to the owners corporation for permission?

Your advice would be appreciated, Joe.

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[Anonymous]

Hi Joe

 

Please note that your question has an engineering aspect and a legal aspect.

First, the engineering aspect. In order to obtain three phase power you would need to connect directly to the street power supply. It should be noted that three phase power is only required for “industrial” type equipment. Domestic appliances run off single phase power. Are you in a residential or commercial strata? The OC metre and electricity supply within the OC would be single phase power. You will of course need to check this with an appropriately qualified person to confirm the above is correct.

Second, the legal aspect. If you were to connect to the street, you would need to get permission from the OC to run a separate power supply to your unit and cross common property. This permission would require a by-law to be passed by the OC as well as the approval of any lot owner who might be affected by this separate power supply.

Regards

Chris Kerin

TEYS Lawyers 

9562 6500

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[Anonymous]

Tonto is now Joe so I'm sure he won't mind if I reply on his behalf.

Thanks for your response Chris, and we are in a residential strata and three phase is available to our meter boards  although we all have single phase meters. The meter boards with their meters are located on common property.

The issue is that the current power supply is only adequate to allow some owners to have 3 phase meters, but is not adequate if they all wanted to run instant hot water services and air conditioners. The cost of increasing the electricity supply to the building would seem to be prohibitive.

The question is can a lot owner go ahead and install a three phase meter at his/her own expense or is this an addition to common property and thus requires a special resolution motion being passed by 75 per cent of the owners at a general meeting.

Regards

Tonto

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[Anonymous]

Hi Tonto

I'll leave the technical issues to you. I only add that there may be approvals required from Electricity Australia, Council, etc which you should look into.

Turning to the strata law issues, I make the following comments, you should:

1. have a motion listed on the agenda of the next general meeting to determine if the OC is likely to pass a bylaw granting permission for an addition to the common property (to avoid the expense of consultants, etc if you are not able to do the work);

2. provide all relevant plans, drawings, documents, etc to the OC in order that the OC is aware of what is being done;

3. pass special resolution at the meeting; and

4. register bylaw before the works start.

Please note that a special resolution is one where not more than one quarter of votes in value is cast against the motion from all the persons entitled to vote at the meeting. This is not the same as being passed by 75 per cent of the owners.

We have specialist lawyers who can assist you in relation to the above, if necessary.

Let me know if you have any questions.

Regards

Chris Kerin

TEYS Lawyers

https://www.teyslawyers.com.au

chris@teyslawyers.com.au

02 9562 6500

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[Anonymous]

Hi Chris,

Thank you very much for your detailed response. Sorry to be a bother, I just have one query to make sure I understand the situation.

 So replacing a single phase meter from a meter board located on common property with a new 3 phase meter, and changing a cable through the wall to a unit, at the owner's expense, is seen as an addition to common property and thus would need to have a special resolution passed at a general meeting, even if the energy company has no objection?

Regards, Tonto

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[Jimmy-T]

JimmyT here, Tonto

I think the point is that there has to be a legally binding resolution about who is responsible for the ongoing maintenance of the cable when it passes through common property.  Normally pipes and wires that pass through CP would be OC responsibility but they may expect the owner to agree that if there's a problem in the future it's the individual problem and not theirs.  Either way, it needs a special resolution so that everything is clear should there be a problem in the future.

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[Anonymous]

Hi Tonto

That's correct, you will need a special resolution.

Cheers

Chris Kerin

Senior Lawyer

TEYS Lawyers,

The Strata Law Experts,

02 9562 6500,

Suite 73, Lower Deck, Jones Bay Wharf,

26-32 Pirrama Rd, Pyrmont NSW 2009.

https://www.teyslawyers.com.au

chris@teyslawyers.com.au

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