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[skydiver]

Hi there,

We are in a block of 19 townhouse style strata dwellings built ~2003. There is a hot water tank on the top floor (inside), and solar hot water panels on the roof (just panels only, tank is inside) with a little pump that circulates water externally when there is enough sun. The tank inside also has an electric element which operates automatically as well. All of this componentry was installed when the building was initially constructed (all 19 units have them). The external hot water panel is mounted on a metal bracket on a colourbond roof.

On pretty much all units:

 – the external panels are leaking or have leaked in the past &/or the metal mounting bracket is rusting, either way the colourbond roof sheets are now rusting and some will fail within a few years (we have had this checked)

 – internally, the hot water tanks will be nearing the end of their sacrificial anode life and so will either need anode replacement and/or tank replacement (ironically there’s not enough headroom to put in a fresh new anode without taking the tank out anyway)

My question is which parts of this hot water system are common property when it comes to repair/replacement, and what obligation does the Strata have to Owners with regards to retaining the external hot water panels:

 (a) who pays for colourbond repair? (I am thinking this is Strata?)

 (b) who pays for mounting bracket replacement or repair? (I am thinking this is also Strata?)

 (c) who maintains external hot water solar panel?

 (d) who maintains internal hot water tank? (e.g. new anode and/or tank replacement)

 (e) if (c) and (d) are different, then where along the plumbing does the responsibility start & end for the Strata & the owner?

 (f) who maintains external hot water solar panel mounting bracket?

 (g) Who is responsible for internal damage should a tank fail? (they are positioned internally on the top floor as originally installed, there is no other real location suitable, and damage would ensue from any leak!)

 (h) if the external hot water panels (c) are Strata responsibility, can the Strata “decide” to take them all down when replacing the roofing sheets and not replace the hot water panels? (to avoid future roof rust issues), leaving owners to rely on their own internal tank electric element?

There are no by-laws specifically addressing any of this. Thanks!

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