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Have the main water line located in the middle of my front garden on private property not common property.Strata management has advised the body corp.will not accept the cost of relocating onto common property.Where it is prevents me from landscaping,it is unsightly and has caused a few skinned shins.The valve is currently leaking badly but when I turn off the tap there is hell to play.Can I turn off the tap,say When I go to work to prevent the excess water leak and can I force action for it to be relocated?
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There seem to be some questions to ask. Is it really in your property or is there an easement of some sort on the title? I would have a look at the unit plan. Where I am there are areas people think are their private gardens but are actually common property on the unit plan. If it is on your lot how did it get there if it is not servicing your unit? If it is servicing the common property or multiple units any owner would have an interest in getting the leak fixed to save a big water bill. If it is the responsibility of the owners corporation but the leak is damaging your property you could point out that you could make a claim against the owners corporation. How do other owners get to use the tap if it is on your lot? There are restrictions on entering a lot without permission (I assume for NSW-there are in the ACT).
Beejay – I know that this doesn't resolve your entire problem, but if the tap that you're referring to isolates the supply to the whole Plan, then it's likely to be the property of your local Water Supply Authority, and they're responsible for all maintenance & repairs.
I'd suggest you contact that Water Supply Authority yourself, and tell them that the main tap is leaking badly and that the water is affecting your garden; that may be a slight exaggeration, but it will get a timely response.
Try to be home when the maintenance people are on-site, and ask them about the procedure involved in having the tap relocated. They may not know the detail, but they'll steer you in the right direction.
I know that you may be doing your Owners Corporation's (O/C) work, but at least in this way you'll know more about the situation, and you'll be in a better position to make your point to that O/C and the Strata Manager.
Beejay – that's a reasonably good outcome, but I'm not sure about the pipe being entirely your problem or that of the O/C.
The fact that the Water Authority is fixing the leak confirms my initial thoughts that because the tap controls the water supply to the whole Plan, it's their responsibility, as is the section of pipe from their Main to that tap.
So whilst I don't know how much of that section of pipe (above) is on the service corridor / council verge and how much is on your property, I'd suggest you ask the Water Authority about relocating or diverting part of the section of pipe that leads from their Main to the isolating tap, so that the tap's then on Common Property.
It would then be the O/C's responsibility to relocate or divert the section of pipe after the isolating tap so that it rejoins the section that connects with the individual meters to Lots within the Plan.
Sorry for the somewhat complex explanation.
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