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[ashura]

Hello,

I stumbled on this website when I am searching for more information about my issue.

I live in a unit, Sydney NSW. The building was erected in 2001. Currently, the brash tap water which is located at the balcony wall (inner wall is facing the kitchen sink) cannot be turned off. The tap water is attached to sprinkle system in the planter box (L – Shape) around the balcony. As a result, the water is running continuously since this morning (Saturday). There is only one/central water meter for the building.

My understanding is that the tap water is attached to the surface of common wall (outer wall) in the balcony. Is this a grey area or it is straight forward to determine who is responsible for the tap replacement?

Based on my conversation with my strata manager, the tap is within the airspace of my lot, hence lot responsibility. (I cannot comprehend this as it is the same principle as balcony door, planter box and outer wall and ceiling/paint. Those are considered as common property, and the tap water was installed on top of that).  It would be great if someone can help confirming this.

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On side note, I would also like to know about the responsibility of main stop cock/tap (underneath the cupboard) from the building main water supply to the unit. The main stop cock/tap position are protruded i.e. not installed in the wall. Who is responsible for that i.e. lot owner/OC?

 

Thank you.

John.L

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[Jimmy-T]

First impressions, the tap on the balcony will be Owners Corp responsibility (unless the balcony is considered part of your lot, which is unusual)  and the one under the sink is yours.

Have a look at this document. The devil is in the detailed footnotes.

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[ashura]

Thanks, JimmyT. The balcony is enclosed i.e. it is only accessible from my balcony door (via living room inside to outside). The balcony airspace is definitely classified as lot property. But what I cannot comprehend is that the tap is attached on common property (outer wall) and is serving the planter box (common property). How can strata manager insist the tap is within my airspace serving my plant?

If taking the same principle, the balcony door is also ONLY serving my lot and it is within the enclosed balcony (lot airspace).

I think they are just refusing to rectify it – I feel the interpretation is double standard.

I must say though, the tap has a splitter (one for the planter box sprinkler system), the other one is free i.e. lot use. Maybe this is where it becomes tricky.

The guide that you refer to has a disclaimer “as guide only” 🙂

From the guide, I found that the intercom handset in the unit is an interesting exception. The handset is within the lot airspace and only serving the lot. But it is considered as common property. Personally, I think the handset is even more vague than the tap in the balcony when drawing the line between common property/lot property.

I maintain good relationship with my strata manager so he is kindly enough to send plumber to take a look and will decide what to do later (no call out fee). So I think it is really coming down to personal judgement when come down to grey area.

Not being pedantic, the new brash tap would probably just cost $20 to replace. If come to worst, I will just get it done myself.

Thanks for your reply again, JimmyT. Much appreciated.

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[Jimmy-T]

If the tap is in your lot airspace, then it is your responsibility.
Yes, there is a disclaimer to the “Who’s responsible ..” document, but you can bet your life that if this issue ever went to the Tribunal, the adjudicator would have a copy of the guide next to them. It may not have any defined legal standing (unless it has been accepted by your strata scheme via a by-law) but it is held as being pretty much definitive.
For $20, I would save myself all the hassle and buy the tap.

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[Jimmy-T]

Just in  case anyone else is still confused, the general rule of thumb is that anything that is in lot property (ie your airspace or even walls that are not considered common property such as non-supporting entirely internal walls) is the responsibility of the lot owner and anything that is in common property (including balcony airspace where the balcony is common property) is the owners corp  responsibility.

What has confused this issue is that the strata manager and the lot owner are in agreement that the balcony is lot property (even though the adjoining wall is  not).  This means that any part of the water supply that extends beyond the wall – such as taps – is lot property.

Are we all clear on that?

And yes, there are exceptions, such as intercom devices and door closers, but there are very specific reasons for this – which is why they are called “exceptions”. 

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