Of all the many variations on strata, the two-unit duplex or villa is potentially the most fractious. With only two owners, everything can trundle along happily until there’s a falling out. Then you’ve got a battle of wills with an irresistible force living next door to an immovable object.
QUESTION: I live in a strata of two units. I need access to our hot water system, which is on common property, to run a pipe from there to our deck. I informed the other owner that we were doing this and he has said he ‘prohibits’ us from doing so. Can he really stop us? – Stymied, Bondi.
ANSWER: If the water tank is merely on common property, rather than being common property, possibly not, except a new pipe running across common property might be construed as an addition or alteration under the Strata Act and that’s your sticking point.
The Act says you need a special resolution from the owners corporation to alter or add to common property. A special resolution would have to be approved at a general meeting by at least 75 percent of those voting. That’s how a strata of anything fewer than four units can become a war zone because one owner can have a veto over the whole building.
When it comes to butting heads with this neighbour, all you can do is offer written guarantees to maintain the new pipes. If that fails you could go for a mediation. Community Justice Centres provide this service for free (call 1800 990 777 during office hours).
If it turns out that neighbour is harbouring a grudge or just doesn’t want anything to be done to the property ever, you can apply via Fair Trading for a strata manager to be put in charge of the building. Perhaps the possibility of losing control over their home as well as the considerable costs involved will make them see sense.
Two-unit strata is one of the hot topics on the Flat Chat Forum. Log on to ask a question, read previous comments or offer some advice of your own.