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  • #8456
    Felix
    Flatchatter

      The smoke detector is stand alone and not connected to a fire board. The Who’s responsible booklet states that it is the owners responsibility.

      The smoke detector was installed in all units about 5 yrs. ago by the OC.

      This problem has arisen when the fire inspection firm came in to inspect all smoke detectors etc. and the change of batteries on everyones smoke detectors on their annual fire inspection.

      Our detector was working perfectly fine and passed the inspection and the inspectors left.  Not long after they left, and I mean hours, the detector started beeping.  The problem was reported and the inspectors returned some days later.

      They changed the smoke detector and then left.

      At no time was I informed that it was our responsibility nor was I told that they were going to change the detector.  The cost was never mentioned nor was I given a choice nor was I presented with an invoice.

      I thought the matter was closed.

      A couple of months later I received an account from the Managing Agent for the replacement.

      I told the Managing Agent that I didn’t think it was our responsibility and the problem was probably caused by the inspector dislodging something on the detector when changing the battery.  Remember there was nothing wrong with the detector before the inspection and it passed the inspection.

      We then started to receive notices from the Managing Agent for late fees which were accumulating.

      Your advice would be appreciated.

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    • #16746
      Whale
      Flatchatter

        The maintenance / repair of smoke detectors that are not connected to a building’s central fire alarm system is as you have observed the responsibility of residents.

        However your Owners Corporation has apparently regarded fire safety as an important (if not critical) issue in your building, and may have taken the initiative by initially arranging the installation of smoke detectors in each residence.

        You should ascertain the detail of the arrangement by which the O/C made the initial installation of the smoke detectors; it may well have been on the basis that it would arrange and pay for the works and then recoup the costs of that and the ongoing maintenance services from the individual Lot Owners.

        However so far as this specific issue is concerned, it seems to me that whatever the terms of the initial arrangement may be, as the smoke detector was operating correctly prior to the contractor’s service call, then the cost of the replacement is a matter between that contractor and your strata manager who arranged the visit on behalf of the O/C.    

        With regard to the “late fees”, if you’re a Proprietor speak with the Secretary of your Executive Committee about what payments these fees may be applied to; they usually apply only to levy contributions, but the detail will be in the Strata Management Agency Agreement that the Strata Manager has with the O/C.

        #16751
        Jimmy-T
        Keymaster

          Whale said:

          … it may well have been on the basis that it would arrange and pay for the works and then recoup the costs of that and the ongoing maintenance services from the individual Lot Owners.

          Just to be a bit nit-picky, if the OC pays for the same service for all owners, then the cost has already been covered in their levies – no need to send them bills.  The only reason to do so would be to transfer ownership to individuals which seems unnecessary since they can be charged for any common property that the owners have damaged (as appears to be what they are trying to do here).

          The contractor should be paying for the damage – not the lot owner or the Owners Corp.

          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.
          #16752
          Felix
          Flatchatter
          Chat-starter

            Thanks Whale.  They are my thoughts exactly!

            Which leads to another issue regarding the Who’s Responsibility booklet.

            As we note it states that smoke detectors are the responsibility of the Owner. I would like to point out that in my experience in the case of renters most of them do not report faults for fear that their rent might go up.  I’m not having a go at renters as some Owners do the same thing.

             

            What i’m trying to get across here is that the smoke detector can be inoperative for a year and not doing what it’s supposed to do for the safety of residents and the fault won’t be picked up until the next fire inspection.

            If the problem was reported to the Managing Agent or EC when the fault happened, then it could be repaired promptly.  

            The EC and OC cannot have a problem fixed if they don’t know about the problem!  Therefor I feel that more security and safety would be maintained if the responsibility became the onus of the OC.  Should it be proven that the cause of the problem was caused by the resident, then perhaps they can be billed for the repair.  We’re not talking about very much money.

            We know about a few recent apartment fires, most notably Bankstown and we don’t want that happening to us.

            #16753
            Whale
            Flatchatter

              Jimmy – always feel free to nit-pick; after all you’re the man!

              To explain my logic though, I was suggesting that whilst the O/C may have made an expedient decision to do works that would otherwise be the responsibility of residents, if it included the costs of those “private” works in its administrative fund budget, then it may be seen as accepting the legal responsibility for those works and any consequences arising from them, for all time.

              It’s analogous to what I do with pest inspections and treatments at my Plan, where I arrange for the contractors working on the Common Property to quote for and provide a concurrent service to my Proprietors on their Lots.

              The O/C and its Proprietors both get a cheaper service whilst the contractor’s on-site, but as I don’t want the O/C to be forever lumbered with works that are the legal responsibility of residents, I pay the contractor and then include each Proprietors’ share of the costs as a separate line-item on their Levy Contributions Invoice. 

              What do you all think about that approach?

              #16757
              FlatChatFan
              Flatchatter

                What is the expected life of the various types of smoke/heat detectors?

                The cheap ones need a battery change every year.

                I have some ten year battery (or that is what I was told).

                There are the ones connected to the wiring.

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