Flat Chat Strata Forum Common Property Current Page

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  • #68094
    SteveB00
    Flatchatter

      I live in the basement of a Sydney Art Deco building and my ceiling is a concrete slab that is also the floor of the unit above (and part of the foyer). The wiring to my bedroom ceiling light failed and inspection by an electrician showed that the failure was in the insulation on the old VIR wiring which runs through a conduit in the ceiling.

      I was unsure whose responsibility this is so searched online and read (including in these forums) that it’s the responsibility of the OC. I took this to our strata manager who replied that I was misunderstanding what I’d read and that, because the wiring only serves one unit, it’s my responsibility, and that I should feel free to repair it, including chiselling into the concrete if that’s necessary.

      So now I’m confused: does my ceiling constitute a “common wall”? If it does, is the wiring the OC’s responsibility? And if it is, can someone please refer me to an authoritative source that I can use to further argue my case with the strata manager?

      Thanks in advance.

      • This topic was modified 1 year, 7 months ago by .
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    • #68098
      Jimmy-T
      Keymaster

        Strata Community Association (the strata managers’ professional body) says this in its “Who’s responsible …” document:

        Any pipe, cable, telephone, television, internet wires, ducting, plugs, electrical wiring, light fitting, power point sockets or the like that is for the exclusive use of the lot, then if it breaks within the lot it is an Owners responsibility to repair.
        Any pipe, cable, telephone, television or internet wiring, ducting, plugs, electrical wiring, light fitting, power point sockets or the like that services more than one lot, if it breaks outside the lot or in a wall, floor or ceiling that abuts to either common property or another lot it is an Owners Corporations responsibility to repair.

        The strata manager’s the one whose got it wrong.  Although it doesn’t spell that out succinctly, if the cabling is in the common property ceiling/floor, then it’s not in the lot. If it’s not in the lot, it’s not the owner’s responsibility.

        The part of the cable that’s in common property is owners corp responsibility, until the point that it enters lot property, regardless of how many lots it services.  The same principle applies to water pipes.

        By the way, there’s an electrical and fire safety issue here and that alone should tell you that the perished cabling can’t be lot owner’s responsibility.

        If the strata manager still disagrees, arrange a mediation at Fair Trading with a view to a Section 232 order at NCAT for failure to fulfil a responsibility.  That should sort them out.

        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.
        #68104
        SteveB00
        Flatchatter
        Chat-starter

          The paragraph you quote deals with, first, what happens when wiring that serves only one unit breaks inside the unit the second, what happens when wiring the serves more than one unit breaks outside the unit. As far as I can see it skirts the issue of wiring that serves only one unit breaking outside the unit.

          However, further down that same page it says:

          6. Owners corporation must repair anything in the ceiling.

          That seems unambiguous to me.

          there’s an electrical and fire safety issue here and that alone should tell you that the perished cabling can’t be lot owner’s responsibility.

          The VIR wiring wholly within my unit is no less an electrical and fire safety issue, but I’m pretty sure it’s my responsibility. I’ll be thrilled to learn the OC has to replace it!

          Thanks again. 

           

          #68109
          Jimmy-T
          Keymaster

            Hi

            First of all, you replied to this thread about three or four times which meant I had to go through and delete the posts then reinstate the latest one.  Please be patient if you want to change something and your post hasn’t been approved yet.

            Back to the topic, write to your strata manager and tell them you have had advice that their view is erroneous but you are taking their suggestion that you fix it yourself as permission to get the work done, after which you will send them a bill for the work done. If they have a problem with that, they can either raise it now or later at a tribunal.

            And no, the cabling inside your lot is not common property so you need to fix that yourself. Nice try, though.

            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.
            #68110
            SteveB00
            Flatchatter
            Chat-starter

              Sorry about the multiple posts. The first time I pressed “Submit” nothing seemed to happen. I may have pressed it again, but I’d be surprised if this submitted my post a second time, but who knows? But then my browser’s progress bar got about halfway then stopped, and then the browser told me the server had stopped responding. So I went back and wrote the post a second time and submitted that, and again I got no notification that the post had been submitted and here I gave up. Apparently, they all got through. Sorry about that.

              taking their suggestion that you fix it yourself as permission to get the work done,

              That’s the bit that stuns me. If we’re in agreement that my ceiling is common property, don’t I need OC approval to work on it?

              If they have a problem with that, they can either raise it now or later at a tribunal

              I’d hope to sort this our without involving NCAT.

              Thanks again.

              #68113
              Jimmy-T
              Keymaster

                don’t I need OC approval to work on it?

                The strata manager can usually give permission on behalf of the committee. You don’t need a by-law if you’re only effecting repairs (and the OC should be doing it anyway).

                I’d hope to sort this our without involving NCAT.
                Well, there’s the threat of going to NCAT and then there’s actually going.  Saying you are confident you are right, so much so that you believe you will win at a tribunal, may focus the strata manager’s mind and have them seeking advice from someone who knows what they’re talking about.

                 

                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.
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