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[Headstrata4145]

We are having our AGM next week. The strata committee is submitting a new by law – see below. The aim of this by-law, as I understand it, is to shift responsibility to individual owners within the lot. While I understand this makes sense for floor coverings and even tiles. I don’t think it makes sense for the owners to take responsibility for: 

• exhaust fans –  we are in a 7 storey tower and the fans are in ceiling shafts above the bathrooms and laundry and as I think one fan my control several units.
• thermostatic mixing valves 
• balcony tiles

My instinct is to reject this by-law. Should I?

Philip

The proposed by-law

32 Exhaust fans, bathroom/laundry tiles, balcony/terrace tiles, thermostatic mixing valves and floor coverings

(1) Pursuant to section 106(3) of the Strata Schemes Management Act 2015, the Owners Corporation has deemed that it is inappropriate to maintain, renew, repair or replace: (a) any exhaust extraction fan located within the ceiling space of each Lot; (b) any floor or wall tiles in a Lot, including but not limited to tiles in the bathroom, kitchen, laundry and/or on the balcony or terrace of a Lot; (c) any thermostatic mixing valves controlling the delivery of hot water to a Lot; and (d) any floor coverings and finishes within a Lot; provided that the damage to any item described above has not been caused by an insurable event.

Notation: For the avoidance of doubt, it is noted the Lot owner is responsible for maintaining, repairing and replacing any thermostatic mixing valve that services the Lot, regardless of whether the valve is located within the Lot or within the common property walls or ceilings that enclose the Lot. (2) If an Owner seeks the Owners Corporation’s approval of a by-law to permit him or her to replace the tiles in the bathroom, laundry, balcony or terrace of a Lot, any such by-law must include a provision also requiring the Owner to replace the associated waterproofing membrane.

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