› Flat Chat Strata Forum › Common Property › Internal hot water tank with external solar hot water panels – who owns what? › Current Page
I’m inclined to agree with KWP with this one, and if it’s the case that the hot water systems in their entirety were installed when the building was constructed, that the solar component including the circulation pump/pipework was installed on/through the common property at that same time, that those systems are discrete and serve each individual Lot (only) with hot water tanks being installed within each of those Lots, and there are no relevant By-Laws in place then:
a) who pays for colourbond repair? A) the Owners Corporation
b) who pays for mounting bracket replacement or repair? A) the Owners Corporation
c) who maintains external hot water solar panel? A) as it’s attached to the Common Property, the Owners Corporation could either repair or remove it.
d) who maintains internal hot water tank? A) as each serves only the Lot and is within each of those Lots, the Lot Owner
e) if (c) and (d) are different, then where along the plumbing does the responsibility start & end for the Strata & the owner? A) Owners’ responsibility is for the hotwater tank, so the circulation line/s into and out of that tank would be the Owners Corporation’s responsibility.
(f) who maintains external hot water solar panel mounting bracket? A) see b)
(g) Who is responsible for internal damage should a tank fail? (they are positioned internally on the top floor as originally installed, there is no other real location suitable, and damage would ensue from any leak!) A) The Lot Owners would be responsible for damage within their Lots, and provided there’s a “safe tray” installed under the tank in accordance with NSW Building Codes and the “leak” was a defined event, then resultant damage would be claimable against Contents Insurance.
(h) if the external hot water panels are Strata responsibility, can the Strata “decide” to take them all down when replacing the roofing sheets and not replace the hot water panels? (to avoid future roof rust issues), leaving owners to rely on their own internal tank electric element? A) see c)
and….. would Strata potentially become liable for the consequential increase in electricity bills that owners would experience if the external panel & bracket were removed (as the hot water tank would need to be heated solely by electricity, with no solar heating panel)? A) of course not!
All of the above said, you and the other Owners ARE the Owners Corporation, so if you collectively want the solar panels (for example) to become your collective responsibility, then you need to put a Motion along those lines on the Agenda for your next General Meeting and put it, and any consequences ($) to the vote.