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As a member of the Owners Corporation Network, a not-for-profit peak organisation for residential strata owners (www.ocn.org.au), I've been helping strata owners have a voice on water-related issues.
Sydney Water is currently reviewing its position on individual water metering in strata buildings and in late 2011 approached the OCN for feedback on strata customers' views.
OCN has communicated to Sydney Water that it supports the following:
- Developers be mandated responsibility for arranging installation of individual unit meters in all new residential strata developments
- This mandated installation of metering be for both hot and cold water
- Developers pay for installation of meters; Sydney Water thereafter own and maintain meters
- Sydney Water bills individual strata owners directly for their water usage in such schemes
- Sydney Water explore providing a framework for retrofitting unit sub-meters by owners corporations in existing strata buildings.
The benefits of individual metering and charging households directly for water usage are:
Equitable water usage charging.
Individual households are able to reduce their water usage to manage their water bill.
Sending direct price signals to as many customers as possible promotes more efficient water use and reduces pressure on supplies.The OCN has also made submissions to the current Independent Pricing & Regulatory Tribunal (IPART) Review of Sydney Water Prices and IPART Review of Metropolitan Utilities Price Structures, both of which are reviewing the pricing of water for strata schemes. The OCN submissions can be found at the IPART website https://www.ipart.nsw.gov.au
Joining the Owners Corporation Network is a good way to learn about dealing with the challenges of strata living and also a way to have a say.
It is likely that in this case, owners actually wear two hats – one as a member of the Owners Corporation, and one as 'person' who happens to be a proprietor.
It is quite possible that the legal position here would be that there are two separate legal entities involved in this matter. The Owners Corporation is a legal entity. Separate from that, each individual 'person' is a legal entity. And it is the legal entity called 'Person' that has to give the 'consent'. So even if the legal entity called the Owners Corporation has its members vote on a bylaw that says there is general 'consent' to allow clamping, that is probably not the same as a 'person' who is a proprietor (a separate legal entity) giving their individual consent. Similarly, the Owners Corporation cannot make any other decisions on behalf of individual proprietors (who have rights as citizens in our fair democracy) – and thank goodness for that! This is probably a straightforward legal question and all that is needed is some clear legal advice.Getting back to tors, under the Strata Schemes Management Act, Part 5 Bylaws, Section 43, Clause 4 it states “A by-law has no force or effect to the extent that it is inconsistent with this or any other Act or law.” So by-laws that allow clamping would not be legal under the current strata legislation in NSW.