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Topic
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Hi there,
We are in a block of 19 townhouse style strata dwellings built ~2003. There is a hot water tank on the top floor (inside), and solar hot water panels on the roof (just panels only, tank is inside) with a little pump that circulates water externally when there is enough sun. The tank inside also has an electric element which operates automatically as well. All of this componentry was installed when the building was initially constructed (all 19 units have them). The external hot water panel is mounted on a metal bracket on a colourbond roof.
On pretty much all units:
– the external panels are leaking or have leaked in the past &/or the metal mounting bracket is rusting, either way the colourbond roof sheets are now rusting and some will fail within a few years (we have had this checked)
– internally, the hot water tanks will be nearing the end of their sacrificial anode life and so will either need anode replacement and/or tank replacement (ironically there’s not enough headroom to put in a fresh new anode without taking the tank out anyway)
My question is which parts of this hot water system are common property when it comes to repair/replacement, and what obligation does the Strata have to Owners with regards to retaining the external hot water panels:
(a) who pays for colourbond repair? (I am thinking this is Strata?)
(b) who pays for mounting bracket replacement or repair? (I am thinking this is also Strata?)
(c) who maintains external hot water solar panel?
(d) who maintains internal hot water tank? (e.g. new anode and/or tank replacement)
(e) if (c) and (d) are different, then where along the plumbing does the responsibility start & end for the Strata & the owner?
(f) who maintains external hot water solar panel mounting bracket?
(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!)
(h) if the external hot water panels (c) 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?
There are no by-laws specifically addressing any of this. Thanks!
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Replies
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You don’t say which state you are in and that makes a HUGE difference.
Assuming this is NSW the colorbond roofing is def the strata responsibility but the hot water system is it a shared system or does each townhouse have their own self contained system.
The components within the house (tank) are the owners responsibility.
As their are no SBL then the roof assembly would be common (assuming individual systems) property and so the Strata would be well within it’s rights to remove them unless individual owners accepted responsibility for them.
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.
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