Flat Chat Strata Forum Common Property Current Page

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  • #78144
    CathieS
    Flatchatter

      Hello

      I am looking for some advice regarding the provision and maintenance of washing machines and dryers in a common area laundry.

      I am on the Strata Committee for a 1965 block of 8 units in NSW where the units were not built with individual laundries. Some units have subsequently installed their own internal laundries. There is a common laundry that currently has two x coin operated washing machines and one dryer. The OC does not own these machines but there appears to be a contract with the business that provides them, signed 12 years ago by the Strata Manager at that time, that has been rolling over in the background without the current SC’s or Strata Manager’s knowledge.

      There is no by-law stating communal washing machines must be provided by the OC.

      My questions are:

      Is the OC and SC obligated to provide and maintain communal washing machines when the building was built without internal laundries?
      Would the SC be within its rights to remove the machines once the current contract expires. There would be room for the owners currently using the machines to have their own washing machines in the communal laundry and individual unit power points are available and plumbing for 4 machines.

      Many thanks for any advice you can provide.

      Cathie

    Viewing 7 replies - 1 through 7 (of 7 total)
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    • #78178
      UberOwner
      Flatchatter

        I don’t know the law here, so someone might chime in with a better response grounded in law. I would say that if this issue only affects four lots, then have a conversation with those four lot owners about whether they want to continue with the coin-op system or buy their own machines.  If the units are tenanted, they may have leases that state that a shared laundry is available for their tenants, so that could cause some issues and costs for the lot owners. They might also be concerned that personal washing machines located in a common laundry could be problematic (ie you go to the laundry and find someone else’s clothes in your machine, or the machine is damaged). If I was a lot owner relying on a communal coin-op laundry, I’d appreciate a lengthy period of notice to give me time to renovate my unit, change my lease or make whatever other arrangements are needed.

        #78180
        nugalbags
        Flatchatter

          Hello,

          I loved in a block once where each unit had its own machine, c/w power point linked to their own meter. They even had lockable GPO’s so the machine next to it couldn’t be plugged into someone else’s power. Most residents would probably prefer it than having to collect enough change to wash their clothes. As long as ample notice was given (so they can obtain their own machine) and everyone is on board then wouldn’t be a problem. What do the By-laws say? Maybe have them updated with a clause that machine are to be provided and maintained by residents.

          #78177
          Quirky
          Flatchatter

            I assume you have checked your current by-laws, which are silent about the laundry? The next place to look is on the strata plan. For a 60’s building, it will probably just show the communal laundry as “common property” (“CP” usually). If it references the room as being a laundry then that would possibly make things more complex.
            But, the OC has been providing the building with a communal laundry as part of the common property, and so s.106 does require the OC to maintain this, and keep it functioning.  If the OC wants to cease providing laundry services, then s.106(3) applies, and the OC can by special resolution (ie roughly 75% support – but actually more complicated), determine that “(a) it is inappropriate the maintain, renew, replace or repair the property, and (b) its decision will not affect the safety of (anything) or detract from the appearance of any property”.

            So you hold a general meeting (AGM or extraordinary) with an agenda item to cease providing any laundry services and to close the laundry (or better convert it to another purpose). If that is supported, and not more than 25% of owners don’t vote against it, then that is done.

            However, the Building Code might require buildings like yours to provide a laundry or clothes line etc? Your development application might also require this (but building’s from the 60’s typically have a 1-page DA, but you should check that too.) Some one else might be able to respond to whether laundries or clothes lines are required, in building’s where the Units don’t have internal laundries?

            Another complication, is that you cannot discriminate and all owners must have equal access to facilities. Getting rid of the communal washing machine is possible, and you can offer the owners use of the laundry room to install their own machines, which are connected to their own lot’s power supply and to the water supply. But you must allow for 8 washing machines, and provide each Unit with its own space there. If you have another room that can be converted to a laundry that will hold the 2nd set of machines, then that could be designated for that purpose, whether or not it is ever used.

            You could create a by-law setting out the rules for the laundry; that any owner can apply to locate a washing machine in the specified areas, and the OC will permit this, provided they arrange a power supply to their own lot’s electricity meter, and a connection to the cold water supply. The by-law can specify rules, about times of use, hanging or drying clothes, the type or size of permitted machines, whether driers (or combined washer/driers) are permitted, which will depend on ventilation and fire safety – etc.

            Your current room allows for 4 machines, so when the 5th owner applies, the OC will then probably need to convert another room for them to use. Maybe there wont be much demand, if Units have their own laundries. Your laundry by-law could state that the communal laundry room is only available to lots which do not otherwise provide laundry facilities. This could potentially invalidate the by-law by being “harsh, unconscionable or oppressive”  (sections 139, 150), so it may be a good idea to have a strata lawyer draft the by-law to minimise that risk.

             

            #78193
            UberOwner
            Flatchatter

              “Your laundry by-law could state that the communal laundry room is only available to lots which do not otherwise provide laundry facilities. This could potentially invalidate the by-law by being “harsh, unconscionable or oppressive”  (sections 139, 150), so it may be a good idea to have a strata lawyer draft the by-law to minimise that risk.”

              Quirky makes a good point here.  Even if a lot has it’s own laundry facility, the owner/resident might want to use the communal laundry if their washing machine breaks down, or if they have a lot of people staying over.  So communicating and asking the opinion of all owners is important because you’d be removing a facility that is currently available to everyone.

              #78195
              Jimmy-T
              Keymaster

                A couple of thoughts: One washing machine and one drier.  Electronic access to the laundry triggers a bill to the apartment owner who accesses it (and a record of who was there).

                When you buy or hire the equipment, it may annoy people who have renovated  and installed internal laundries who may complain that they are paying for a facility they don’t use but that’s their choice.

                Also, coins? Only useful for pool tables and pan-handlers, IMHO.

                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.
                #78213
                optusJo
                Flatchatter

                  In our complex of 8 units built in the 60s we had a laundry room on each of the 2 floors.  There was an electricity connection between the owner’s flat and the laundry room.

                  The washing machine had a direct number to ring if anything went wrong.  I think the operator had actually forgotten that they had a washing machine in the  complex.

                  The operator  made the decision to remove the washing machine.  Subsequently one owner wanted to use the laundry area for their personal washing machine and permission was given.

                  Water usage might be a problem.  In our case we have never converted to individual water meters but there is some system in place that monitors hot water usage. There is no hot water tap in the laundry.

                  We also have a fairly small clothesline on each floor – i suppose one day someone will ask for the Owners Corporation to do something about it.

                  I think that this all just happened … no by law or anyone checking plans etc.

                  #78331
                  CathieS
                  Flatchatter
                  Chat-starter

                    Thanks Everyone for considered advice – plenty to think about.

                     

                    Cathie

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