› Flat Chat Strata Forum › Talkin’ ’bout a renovation › Gas connection to existing building with owners consent › Current Page
This is not as straight forward as it seems. I am not sure I have come across a plan where some lots have gas and other don't (or at least the capacity to connect). It is a pity that all owners did not agree to connect the gas as the gas connection from the street to the lots would have then have formed part of the common property where it crosses the CP and owner’s property after entering into the each lot's airspace. No by law would have been needed in this case in my opinion as the ongoing responsibility for the gas would be covered under the strata plan and the Act (Sec 62).
Be that as it may I think the Strata Manager is right. Also I don’t think there would be any financial incentive for him to take this stance. Minutes are not a legal instrument and remember minutes are not in perpetuity so somewhere down the track responsibility would get lost in the mists of time. A bylaw on the other hand is registered on title for all successors in title.
Connecting a utility service however to a limited number of properties in a strata plan presents all sorts of problems and I think a by-law would be very difficult to draft e.g. if you wanted to do work somewhere later or repairs were needed that required the moving, digging up or changes to the gas service running through the common property who would pay – the four owners or the OC and how would you draft this? The cost of an EGM and registering the by-law would be minimal in my view to the cost of drafting a workable by-law.
Personally I would try and get all owners to get the gas connected – it would significantly increase the value of their property and could
then be funded from the owner’s corporation funds or through a special levy.
Alternatively have an EGM and vote on connecting gas through
the common property with capacity at some later date for individual lot owners to hook up if they wish at thier own expense.