- This topic has 6 replies, 3 voices, and was last updated 10 years, 11 months ago by .
-
Topic
-
I am proposing to renovate the bathrooms of a recently purchased strata unit.
The water pressure varies from room to room and in some cases the cold water pressure is greater than the hot water pressure making it difficult to safely have a shower.
The cold water is supplied under mains pressure and it appears that the communal hot water system is either gravity fed or under a lower pressure.
I do not have direct access to the HWS which I believe is on the roof of the building. My contractor has suggested that a plumber will need to access the HWS and modify it to balance the water pressures.
In July 2013 Fair Trading issued “Plumbing Industry Technical note 1/2013 regarding new installation requirements of temperature control devices.
The note states that when replacing all fixtures within an existing bathroom and the existing heated water supply has no temperature control device installed a temperature control device is required. Only the replaced ablution points installed are required to be tempered but the whole system may be tempered.I intend to notify the managing agents and the residents and apologise in advance for any inconvenience.
Is the Owner’s Corporation obliged to carry out the work necessary to comply with the advice from Fair Trading?
Should the OC only be required to temper the supply to my unit or should it modify all 14 units?
-
Replies
-
The communal HWS I assume is one system supplying all lots (as opposed to individual HW tanks mounted on roof) and so it would be Strata responsibility.
You could fit tempering devices within your lot at your cost but to do it to the HWS on the roof would be a Strata responsibility and as the technical note only applies to new systems their would be no requirement for the Strata to do anything.
You could submit a motion to the OC to have a tempering valve fitted centrally by the OC but this would require a Special Resolution as it is considered an improvement (75% in favor).
As this would improve the system for all users they might go for it.
@kiwipaul said:
You could submit a motion to the OC to have a tempering valve fitted centrally by the OC but this would require a Special Resolution as it is considered an improvement (75% in favor).This does not apply in NSW.
Firstly, it’s a simple upgrade of existing infrastructure and secondly, while it could be a general item added in the agenda of a general meeting, it is probably well within the remit of a strata committee to organise something that is relatively low cost and to all owners’ benefit.
Even if they were overstepping their responsibilities, who’s going to stop them? They are, after all, merely bringing the infrastructure up to code.
The law may be different in Queensland but if every minor upgrade of common property requires a special resolution, the wheels of strata would grind even more slowly here than they already do.
I can see the committee taking this to a general meeting if it turned out to be expensive but they would not need a special resolution.
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.
Jimmy
I’m replying to your post but my comments are getting deleted as soon as I post. Can you del my last 2 duplicate posts and I’ll try again on another m/c. sorry.
My reference was not to the QLD law but the NSW act:
65A Owners corporation may make or authorise changes to common property
(1) For the purpose of improving or enhancing the common property, an owners corporation or an owner of a lot may take any of the following action, but only if a special resolution has first been passed at a general meeting of the owners corporation that specifically authorises the taking of the particular action proposed:
(a) add to the common property,
(b) alter the common property,
(c) erect a new structure on the common property.
Fitting a tempering value would be considered an improvement requiring a SR.I dare say a lot of strata would approve this via a Ordinary Resolution or even a vote at the EC and most people would go along with this but anyone in the know would realize this is not correct and leave the Strata liable (if anyone cared that much).I’m not splitting hairs just stating the law in NSW and everything I said previously would apply to NSW.@kiwipaul said:
Fitting a tempering value would be considered an improvement requiring a SR.I guess we will have to agree to differ. Our EC, which is generally well-managed (give or take the odd despotic tendencies here and there) with a top notch strata manager, has been replacing lights in the garage with low energy tubes and fittings, while common areas like lift lobbies have had low-energy LED lights installed. That is both changing common property and improving it. As far as I know there has been no special resolution by-law passed, nor do I think one is required.The upgrade of our TV reception backbone occurred without an SRB.I apologise for attributing this to a Queensland quirk but I do think we need to ease back from nitpicking the letter of the law and look at how Owners Corps actually operate (and I include myself in that).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.
I’m afraid Jimmy I’m not making myself very clear.
I don’t believe a SBL is required for ANY common property upgrade done by the Strata, it just needs to be approved by a Special Resolution and that is it (no SBL required).
The rules regarding improvements are the same in QLD and virtually all our upgrades have been done via Ordinary Resolutions or just EC motions (ours is NOT a well run Strata). This has been done here for expediency and originally ignorance and I don’t mind bending the rules if it results in a better environment.
- You must be logged in to reply to this topic.