- This topic has 6 replies, 5 voices, and was last updated 11 years, 5 months ago by .
-
Topic
-
Under a recent Fire Order the OC was required to install hard wired smoke alarms in common areas and in each lot. These replaced the battery operated smoke alarms that each lot had previously installed and these became superfluous.
Now one owner has placed a motion on the agenda for the next general meeting for each lot owner to pay for the alarm(s) installed in their lot. Does an OC have any right to require lot owners to pay for these? Surely levies should pay this expense?
-
Replies
-
The OC probably could make each owner pay, but it would seem petty to me. Because it would become either owner pays directly for the detectors or owner pays the OC (by levy) who pays for the detectors.
Having the OC pay for them seems more logical. And it’s an important Essential Services measure that the whole building benefits from – not just each lot owner.
The ongoing maintenance of the lot detectors is another matter. The periodic testing (eg 6 monthly), cleaning and battery replacement should generally be the lot owner’s responsibility with the OC perhaps doing a major inspection/test every 10 years or so. The latest hard-wired detector batteries can last 10 years.
Austman’s right, but if the Owners Corporation installs the smoke detectors, perhaps so it knows that critical job’s done and done properly, then by default it becomes responsible for the on-going annual maintenance; and that’s probably not such as bad idea either.
If all the owners have smoke alarms and the Owners Corp pays for their installation and maintanance, then it’s the same as having them all paid for individually (notwithstanding differences in unit entitlements). This argument is another example of the disconnect between the concepts of ‘us’ owners and “them” the ‘strata’ or owners corp (which are the same thing).
However, somewhere in the dim recesses of my mind is the concept that if the hard-wired smoke alarms connect to a common or chared control panel, the are common property.
Next, let’s deal with the idea that smoke alarms are a safety measure for everyone and not just an inconvenient luxury for all but those who set fire to their homes.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.
If the smoke alarm is connected to the fire board in the building, it will be part of the common property.
Item 2.7(j)
See Memorandum No AG520000 attached to LPI Circular 2011/07
- You must be logged in to reply to this topic.