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  • #8619
    carolyn
    Flatchatter

      Hi! We have an apartment block in Melbourne which is 2-storey (7 apartments on each level) and we need to completely replace the roof in 2013. It appears that there is no insulation in the roof cavity (it’s a 1920’s building). As such, it makes sense (practically and financially) to install insulation when the roof is being replaced. Should all owners be asked to contribute to the installation of insulation or only the top floor owners since as I understand it, they are the only ones who would benefit?

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    • #17487
      Sir Humphrey
      Strataguru

        I suspect that any new work, such as replacing the roof, would be required to meet current, rather than 1920s, building standards. Consequently, you might get the roof insulated to modern standards whether you like it or not. I think the OC as a whole should pay for this. Arguably the entire roof only benefits the top floor but the OC as a whole has a maintenance responsibility here. Perhaps there is some other maintenance areas that would benefit other units to a greater extent and these also could be addressed while you have the builders in.  Insulate the walls too?

        #17488
        Whale
        Flatchatter

          Carolyn – the advice that PeterC’s provided is entirely logical, but as quite often applies to matters such as the one you raise, logic doesn’t always apply.

          Under the now defunct Federal Government Home Insulation Program, residents of Strata Developments were required to state that they had obtained the Owners Corporation’s (O/C) approval for the placement of insulation in the roof-void above their residences.

          It was also the residents of Strata Lots that were able to access the grant monies and assign that to the Installers (even though many of those were conned as they weren’t on the top floor of the building), and you will note that the current Victorian Energy Efficient Target Scheme (VEET) has the same criteria, because it’s the Lot Owners who are responsible for installing and paying or roof insulation after obtaining the O/C’s consent to do so.

          So I believe that the “official” line is that it’s the Lot Owners on the top floor of your Plan who should, at their discretion, seek the O/C’s consent to pay for and install insulation in the roof-void above their individual Lots, and again at their discretion under the VEET Scheme.

          Now for the logical argument. I used the word “should” (above) because the requirements of the current sustainability programs such as VEET are often written around current building designs, where as but one example common walls between Lots extend through the roof-void and up to the underside of the tiles.

          Clearly that’s not the case in your 1920’s Building where your O/C also needs to replace the entire roof covering, so it may be logical (and appropriate) in your instance for the O/C to Resolve (at a General Meeting) to allocate some of its common funds to pay for the insulation of its Common Property (roof-void) concurrently with the roofing works. 

          Whatever your O/C decides to do, it needs to ensure that relevant safety requirements covering roof insulation are followed (e.gs. clearances around wiring, downlights, and exhaust fans) and that it Resolves and properly documents who is responsible for any on-going maintenance / inspections of / and replacements of the insulation product, how it will be made aware of any future installations of ceiling mounted items like those examples above, and who will be responsible for any damage arising from any such future installations about which it was not advised. 

          Decision time cometh! 

          #17489
          kiwipaul
          Flatchatter

            carolyn get a quote from the roofing company who is doing the work to replace the roof of how much it will cost to insulate the roof, and then submit it as a motion to the OC alongside the quote to replace the roof. This is going to benefit half the owners and state you just need a simple majourity of votes cast for it to be approved (as this is an improvement a Special Resoloution might be required but  just hope no-one else realises this)SurprisedSurprised

            You could also imply that if the OC dosn’t agree to pay the cost you will consider getting a CTTT ruling that it’s the OC duty to install insulation, and if you win it is going to cost considerably more installing it after the roof has been replaced than if the job was done whilst the roof was being replaced.

            My opinion is your chances of winning are 50-50 (depending on how well you present your case) and it will cost you approx $150 to obtain a ruling.

            #17496
            Whale
            Flatchatter

              Carolyn – I think we all agree that it’s logical for the roof-void to be insulated concurrently with the works on the new roof. How that’s funded depends upon the value of credits available to first floor Lot Owners under your State’s VEET Scheme if they pay individually, or whether your Owners Corporation (O/C) Resolves to itself allocate communal funds (i.e. of all 14 Owners of your Plan) to complete those concurrent works.

              However, should your Owners Corporation (O/C) decide not to go in that direction, there would be no point in my opinion for individual Owners to attempt to seek a Ruling or Orders from the Victorian Civil and Administrative Tribunal (VCAT) to determine if the O/C should or needs to do something for which it is not responsible, because just like the NSW Consumer, Trader, and Tenancy Tribunal (CTTT) it takes a dim view of frivolous or vexatious Applications.

              Again in my opinion, if insulation is professionally installed whether by the O/C or by individual Lot Owners and it’s a glasswool type of product, the imperative is for your O/C to clearly Resolve who has the responsibility for any on-going maintenance / repairs / replacements of the product and how the O/C will be informed prior to any future installations of down-lights, exhaust fans, and similar thru-ceiling items by Lot Owners, each of which has caused electrical fusions and fires within roof-voids when proper installation methods within insulated areas were not followed. 

              #17564
              carolyn
              Flatchatter
              Chat-starter

                Thanks Guys – great advice. I really appreciate the recommendation to have a maintenance/management plan with regard to exhaust fans/downlights etc. It’s something that kind of floated through my mind, but I can see how important that is to be documented. This is a very useful site with sensible people contributing – thanks!! I am sure I will visit again!!!

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