› Flat Chat Strata Forum › Common Property › Common Property Tap and Lot tap › Current Page
@taps said:
do we put the tap back? (even though it’s illegal and request that the owner pays if anything goes wrong with said tap by way of a letter from the owner)
NO
The tap was never approved or fitted by the OC if you refit it the OC is accepting ongoing responsibility for the tap and pipe because it is fitting it.
The OC was perfectly entitled to remove common property that was not up to standard that the owner wasn’t prepared to pay to upgrade (at very small cost).
Tell the owner that if he wants the tap back the OC require a bylaw stating that he accepts full responsibility for the installation and ongoing cost of said tap as well as paying for a suitable bylaw to be registered (approx $1,000).
This is the official way of changing common property in NSW and if he contests it at NCAT I believe he will loose. You can then be generous and tell the owner that if he just pays for it to be installed he can forget the bylaw but if he causes subsequent problems the OC will disconnect the tap permanently (this the OC would have to pay for unless they fit an on / off valve outside his lot that can isolate his extension at will).