Flat Chat Strata Forum Common Property Current Page

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  • #55187
    Babs
    Flatchatter

      <p class=”p1″>When Lot A disconnected power to undertake demolition works during their renovation they disconnected power to Lot B’s garage and the common property stairwell lights.</p>
      <p class=”p1″>There is evidence of some electrical work in 2013 in Lot B’s garage and the stairwell being carried out that predates the current ownerships of  both Lots, A & B.</p>
      <p class=”p1″>Records show that in 2014 the owners corporation upgraded the meter box in this 1920s building. Those works, also, predate the current ownerships of Lots A & B .</p>
      <p class=”p1″>The owners corporation, being a 4 lot scheme, has many 50:50 stalemates and on this matter, our Strata manager is not clear with her guidance.</p>
      <p class=”p1″>Is the owners corporation responsible for the disconnection of Lot B’s garage from Lot A meter and reconnection to Lot B’s meter?</p>
      Thank you for your help with this.

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    • #55219
      Jimmy-T
      Keymaster

        The Common Property Memorandum says that electrical wiring serving more than one lot is the responsibility of the owners corporation, and wiring serving one lot exclusively, which doesn’t pass through common property walls is the property of that lot owner.

        I can see why the strata manager is befuddled by this.  In her shoes, I would advise the committee that the cable should be disconnected from the garage at OC expense because it’s there due to an historic error by the owners corp that has led to this situation.

        Also, technically, currently the cabling is serving two lots, therefore it’s common property.

        And if any owners want to know why they should share payment for a problem that existed before they even bought in, tell them “welcome to strata”.

        But I am not a lawyer, so feel free to ramp up the cost of a minor fix, that should have been sorted out by common sense and compromise, by consulting one.

         

        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.
        #55715
        Eastover
        Flatchatter

          Unless an electrician (presumably not employed by Lot A) has linked Lot B and common property wiring into Lot A wiring after the meter, it does not sound like cabling is serving more than one lot but rather that foreign wiring has been attached to Lot A’s meter.

          It may be advisable for the OC and/or Lot B rectify the mistake swiftly before the current owner of Lot A comes after them for a contribution towards electricity consumption since that owner purchased.

          Looked at another way, the owner of Lot A may be entitled to say to the OC and the owner of Lot B “Stop syphoning my electricity”.

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