moving 1 owner’s phone lines and not the other

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  • 20/10/2014 at 8:35 pm #9745
    snowy

      I’m one owner in a 2 strata unit in N.S.W. Both my phone lines and the other owner’s (Z’s )phone lines have their control box in a storage area in my garage on my lot and seem to have been there since the place was built. The owner’s previous to me of my lot were relatives of the other owners Z and did not mind leaving the inside entrance to both their garage and their store room open all the time to allow the Z owners access all the time. I am not related to Z and am not happy doing this as I have some personal mementos in there and other things. Consequently Z wants to move his phone lines out of my lot to the hub so if I am in hospital or overseas he can get access. However quotes for this work go from $5000 to an unpredictable amount depending on any unforseen difficulties the workmen find. I do not have any need to move my phone lines but have been asked to foot the bill for half?

      Am I obliged to foot half the bill when there is no benefit to me at all, in fact quite the opposite as far as money goes?

      Is there some previous legal case that supports my case and where do I find it?

      Who do I go to to get the history of this control box?

      Also when I bought the place there was a new strata plan number. What leads to stratas changing one strata plan number to another?

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    • 21/10/2014 at 10:58 am #22427
      kiwipaul
      Flatchatter

        If an owner wants to make changes to a utility (as opposed to repair a broken utility) service that only benefits him I’d say he has to pay the full amount.

        Must admit I don’t know what a phone control box is as I’ve no idea where mine is and I don’t really care.

        As it’s a 2 lot Strata assuming the entitlement is 50-50 unless your neighbor agrees to pay for the change in full you can deny his request.

        22/10/2014 at 1:49 pm #22430
        Jimmy-T
        Keymaster

          According to the Strata Community Australia (NSW)’s “Who’s responsible ..?” fact sheet. “Any pipe, cable, ducting, plug or the like that is for the exclusive use of the lot [and is] outside the lot or in a wall, floor or ceiling that abuts to either common property or another lot is the owners corporations responsibility.”

          That means, apart from anything else, you have to allow access to it.  However, charging $5000 to shift the cables sounds excessive to me.  Get your own quotes but be prepared to pay half (or whatever your share of unit entitlements is).  At least then you know your momentoes will be safe and your private property will indeed be private.

          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.
          22/10/2014 at 5:38 pm #22434
          snowy

            How does the information below fit in with Jimmyt53’s argument?

            Owners Corporation Amendment Bill 2013

            During the second reading of the Owners Corporation Amendment Bill 2013, Ms Heidi Victoria, the Minister for Consumer Affairs noted that:

            • The bill seeks to confirm the intention of the Owners Corporation Act 2006, namely that the annual fees of an owners corporation should be set according to each member’s lot liability, as set out in the plan of subdivision, and to overcome the effect of the Supreme Court case of Mashane Pty Ltd v Owners Corporation RN328577 [2013] VSC 417

            • Mashane’s case held that the benefit principle must be applied to levies of annual or special fees that are for repairs, maintenance or other works.

            • There is no objection to the benefit principle applying to levies of special fees for extraordinary works.

            • However as Mashane’s case sets out, the application of the benefit principle for levies of annual fees will require owners corporations, when setting fees, to identify prospective works, allocate an appropriate proportion of the annual fee to those works, identify who will benefit more by those works and by how much, and issue different fee notice to each member based on those estimates.

            • The changes to the act ensure there is no ambiguity about the way the benefit principle should be applied in owners corporations.

            22/10/2014 at 10:20 pm #22437
            scotlandx
            Strataguru

              That is Victorian legislation snowy.

              Either way the phone box benefits both lots equally, and presumably the lot entitlements are the same or close to it.

              From the other owner’s point of view it isn’t really fair that you have unfettered access and they do not.

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