Flat Chat Strata Forum Common Property Current Page

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  • #8638

    I attended the full day seminar last year and was interested to hear that if someone installed an air conditioner on the common property it then becomes part of Common Property maintenance. I am in a small block of 8 units. 3 owners have installed new HWS on the common property back wall. We did make a by-law that they be responsible for them. We also had a new colour bond roof installed due to many years of flooding. This resulted in the removal of the vents in the roof. An additional person wants to install an HWS on the common property back wall and has received advice that in addition to a recommendation  it be placed on the outside wall a vent be installed in the roof in respect of cooking fumes. A number of us are concerned if this will affect the water penetration which has resulted in flooding on a number of occasions prior to this remedy being utilised at great expense. We are concerned our warranty will be affected if we cut into the roof. We also had the external walls treated with a membrane to assist the penetration problem.

    If this is the advice under OH&S that internal instantaneous HWS be relocated to the back wall common property who is responsible for the replacement of the remaining individual HWS. Will the OC be responsible for the costs involved or is it the individuals?

    In respect of future requests for air conditioning units and HWS on common property what is correct in respect of such requests.

     

    Thank you in anticipation of your advice.

Viewing 8 replies - 1 through 8 (of 8 total)
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  • #17574
    Jimmy-T
    Keymaster

      The only way the Owners Corp can be compelled take over responsibility for air-con when it has been installed on common property is either
      a) it was installed with permission but there was no agreement made that the owners would have responsibility for care and maintenance
      b) it was installed without permission and then the property was subsequently sold to another owner.
      Your by-law that everyone is responsible for their own A/C covers that.
      If an owner wants to change common property, you can give them permission on condition that the changes they make are their responsibility, as is any deterioration of the integrity of the roof or walls as a result of the changes. If they refuse, then you refuse to give them permission.
      The question of the warranty can only be answered by the installer. But if the owner wants a vent and you give them permission, they have to agree, as part of the requisite special resolution, to maintain and repait the seals around the vent and to make good any damage if they fail.
      Y

      The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
      #17577
      Austman
      Flatchatter

        This seems to be different in Victoria where the OC Act states:

        129 Care of lots
        A lot owner must—
        (a) properly maintain in a state of good and serviceable repair any part of the lot that affects the outward appearance of the lot or the use or enjoyment of other lots or the common property; and
        (b) maintain any service that serves that lot exclusively.

        Re ” maintain any service that serves that lot exclusively”.  As far as I know the service can exist anywhere including on Common Property.  The lot owner must still repair and maintain it.

        #17580
        Jimmy-T
        Keymaster

          Different strokes in different states. NSW has a Memorandum which states pretty much the same but it’s not applicable unless the Owners Corp accept it as a by-law.

          The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
          #17586
          Whale
          Flatchatter

            tiamaria – in addition to the advice already provided, I should advise at the outset that (in NSW) all your Owners Corporation (O/C) needs to do in order to resolve its issues with those Owners who may in future wish to install air conditioning units is to Resolve (at a General Meeting) to create and register a Special By-Law in precisely the same way as the existing one covering the hotwater services (HWS) came about, including the Condition about the Owner/s being responsible for the on-going maintenance / repair / replacements of those.

            As for the maintenance / repair / replacement of those air-conditioners that have already been installed, if those current Owners push the point that their air-conditioners are the O/C’s responsibility, then your O/C can Resolve (at a General Meeting) not to maintain those items provided that decision does not affect the safety of the building, the structure of the items, or create an eye-sore.  

            With regard to the HWS, individual Owners are required to cover their own costs of relocating their HWS to outside their Units and do the work in accordance with your Plan’s existing Special By-law, and even though it’s a good idea there’s no requirement (OH&S or otherwise) that I’m aware of that requires those internally located instantaneous (50L) systems to be so relocated.  However, there is a Australian Standard (Plumbing Code) requiring those, and in fact all internally located HWS, to be installed on “Safe-Tray” so as to ensure that any leakage from the tank or the fittings is collected an drained through a common wall to outside the Unit or within the Unit to a nearby drain / floor waste.

            You didn’t mention how an Owner’s desire to relocate a HWS to outside their Unit became linked to “advice” (from the O/C?) that they also install a vent to remove convey cooking fumes from that Unit; that association seems strange! There is a Building Code (in NSW) that for reasons of fire safety prohibits the fumes extracted by those types of vents from being ducted into the roof void, as an accumulation of cooking residues (fat & oil) can build-up in that area and become a fire accelerant.

            I’m a bit your way concerning the potential for roof-mounted vent outlets to compromise the warranty of the new roof, after all tradespeople are very good at blaming each others’ work when there’s a problem (like a leak), so I’d suggest that the Owner concerned investigates a cook-top vent that is ducted outside through a common wall as opposed to through the roof, particularly as the longer vertical ducting of latter type typically becomes coated with residues and over time looses effectiveness; both options of course require your O/C’s prior consent.

            #17589

            Thank you or all your advice. I need to print it out and absorb it all.

            #17602

            @JimmyT said:
            Different strokes in different states. NSW has a Memorandum which states pretty much the same but it’s not applicable unless the Owners Corp accept it as a by-law.

            Hi Jimmy, I know it’s here somewhere, but could you please post a link to this Memorandum? Thanks.

            #17598
            Jimmy-T
            Keymaster

              Here you go, Tess – it’s HERE

              The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
              #17631

              Jimmy the person concerned does not accept the suggestion of the vertical flue. A fire and safety audit for the entire building is now being considered. The HWS and cooking flues are to be addressed in the survey. Should the person doing the unit be familiar with the vertical flue. If not how should I approach the issue?

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