Flat Chat Strata Forum Common Property Current Page

  • This topic has 6 replies, 5 voices, and was last updated 4 months ago by .
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  • #74176
    MargieA
    Flatchatter

      Hi, we are a group of 13 double storey mews style townhouses built in the late 70s in Victoria.  NBN has quoted $3.5k (minimum subject to site inspection) to upgrade all 13 units to NBN FTTP (fibre to the premises).  Several owners really want the OC to organise the upgrade to address the performance issues they experience with their current NBN internet service, particularly those who work from home.   BUT not all owners have the internet connected to their townhouse with some preferring to rely on mobile data to access the internet.  Can the committee alone approve this expense for an NBN ‘infrastructure upgrade’?  Or would a resolution need to be put to all owners for a majority vote?  If TV reception was poor, it’d be reasonable for the committee to approve a new TV arial without a vote.  If internet reception is poor, can the committee alone approve an upgrade to NBN FTTP?  Unfortunately, NBN won’t upgrade individual strata properties – it’s an ‘all or nothing’ offer – so it’d be an upgrade for all townhouses or none of them.

       

       

      • This topic was modified 4 months, 1 week ago by .
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    • #74207
      Jimmy-T
      Keymaster

        My understanding is that NBN only cables to an access point at or near the individualunits (although I may be wrong in this case).  [Turns out I was – see Bubbles post below].

        Then it is up to the service provider (like Telstra or IINET) to connect the modems inside the lots.  This is a reasonable upgrade if the majority of owners agree.  If they don’t they can vote to prevent it. But there is a principle here of collective responsibility taking precedence over individual choice. I don’t swim but I contribute my share of the levies for the heating and upkeep of the pool.

        To many people, upgrading to NBN is as fundamental in a modern building as installing a TV aerial that receives digital signals. You might not want it or need it but, given that NBN have said “all or nothing” then you have to console yourself with the thought that you might change your mind or future owners will be glad that it’s there as an option.

        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.
        • This reply was modified 4 months ago by .
        #74242
        kaindub
        Flatchatter

          The issue here is an upgrade of the NBN.

          NBN provides a connection to every home for free. The connection is what NBN considers adequate and within technical constraints.

          There are users who want more bandwidth for various reasons.

          The analogy here is your electrical supply to your apartment. It’s sized for the typical family. If you decide to install a large air conditioner , then the supply to you unit needs to be upgraded, and that’s at your expense.

          Using the electrical analogy, users who want more bandwidth to their NBN should pay for the upgrade and those who don’t want it opt out.

          #74245
          Jimmy-T
          Keymaster

            There was a law brought in during the first expansion of mobile phone towers that allows telecommunications companies to demand access to install their equipment in apartment blocks.  That has since been used – with varying degrees of success – by internet service providers wanting to put their equipment in blocks regardless of what the majority of owners want.

            It strikes me that NBN is being unusually flexible in telling the scheme that it has an option. And there is a big difference between an individual owner rejecting a proposition because it offers a benefit that they don’t want, rather than a plan that would be to their or their property’s detriment.

            Yes, there will be a cost, one assumes, through the scheme’s levies.  But that is no different from any other investment in infrastructure that the owners corporation deems desirable or necessary.

            Strata is an odd mixture of user-pays and collective financial responsibility.  Sometimes you just have to suck it up when you are paying a share of something that doesn’t benefit you directly.  Should people who have no car contribute to the upkeep or modernisation of the garage gate?

            I can see how someone who has been smart enough to arrange internet connection via their mobile phone services – by-passing, for instance, an inadequate ADSL service – might feel slightly cheated when the rest of the block is suddenly going to have an equivalent or superior service and they will be part of a system they don’t need or want.

            Is it really a matter of choice, anyway?  Getting back to that telecoms law, I think NBN might be able to install the connections whether the strata scheme wants it or not.  The choice comes when your mobile phone contract runs out and you can decide whether to renew or switch, which is not an option that’s available right now.

            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.
            #74249
            bubbles
            Flatchatter

              My understanding is that NBN only cables to an access point at or near the individualunits

              For FTTP and HFC connections that is incorrect, NBN will install a connection box inside the premises.

              The real issue here is how NBN is treating unit owners worse than house owners.

              With NBN having essentially completed its rollout they are now focussing on replacing the remaining copper, so moving people from FTTN to FTTP.

              When a house owner wants to move to a higher speed plan not supported by their FTTN connection, NBN will upgrade them to FTTP for no cost (in most cases).

              For unit owners, NBN will only upgrade entire buildings, which is fair enough, but at a cost of $275 per unit.

              https://www.nbnco.com.au/residential/upgrades/more-fibre-for-buildings

              So buildings need to decide as a whole whether to pay and upgrade or not, that’s strata.

              #74258
              Jimmy-T
              Keymaster

                Seems I was wrong about the connection, which changes a lot.

                As for the charge, this is another example of anti-strata illogic.  I wonder how much it costs NBN to cable 13 separate houses compared to 13 units.

                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.
                • This reply was modified 4 months ago by .
                #74273
                Quirky
                Flatchatter

                  As a strata issue, this could be treated as a capital works upgrade of the facilities of the body corporate, like as if the body corporate were to replace the driveway to all Units. As such the normal laws apply, and probably requires the owners to approve the expense at a general meeting. (It would in NSW – I’m guessing it’s the same in Victoria). It would be paid from the sinking/capital works fund, and a special levy might be needed if the body corporate doesn’t have sufficient for that. If you don’t want this upgrade to go ahead, start lobbying your neighbours. Although consider that this upgrade will add to the value of your property (ie, tenants  will want good internet access or the resale value of your Unit would be better with this too.)

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