Flat Chat Strata Forum Common Property Current Page

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  • #7638
    Headstrata4145
    Flatchatter

      Hi I am chairman of a self managed group of 15 villas on the south coast. Each of the villas has it's own fuse box (but not meter box) in the laundry of each villa. These fuse boxes are fixed to the wall (ie they are not recessed into the wall). 

      There are two large meter panels outside (on common property) where the actual meters for each unit are stored.

      Who is responsible for repairs (and maintenace too I guess) of the fuse boxes in the individual villas. Does the owner pay for repairs (if a fuse blows or the board needs replacing (which is how this question arose)?

      Thankyou Phil

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    • #13705
      struggler
      Flatchatter

        I am in a complex of townhouses that also have individual fuse boxes inside each unit with meters outside on common property.

        This situation has not arisen here.  I would have thought it was an individual owners responsibility as this fuse box is only for each individual unit.  Much like owners here are responsible  for the plumbing that is only for their individual units, but OC responsible for mains leading into units.

        That is how I would have looked at this issue.  If we had to maintain everyone's one personal fuse boxes we would have to put up our levies to cover repair/maintenance/replacement.  So owners would have to pay for it one way or another.  

        Should a fuse box be affected by a problem with the mains power feeding into the unit, then I would have thought it was an OC problem.  But as I said, haven't had it happen here yet.  Be interesting to see others input on this matter.

        #13707
        Whale
        Flatchatter

          Struggler is correct; the electrical fixture that's being referred to is called a “sub-board”, and it contains the fuses/circuit-breakers and isolators for each individual Lot and is therefore the responsibility of the Lot Owner.

          To additionally clarify, the area where electrical meters are located is common property, and is therefore the responsibility of the Owners Corporation, as are the electrical mains as far as the sub-board. 

          #13708

          We have been asked this question a number of times. 

          The simple answer is – 

          If the fuse board is within the lot, then it is the owners responsibility.

          If the fuse board is in the meter room then it is the owners corporations responsibility.

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          #13709

          Ok guys, what is your position on a main shut of valve located within an apartment? Is this the OC or owners responsibility?

          I agree, in my experience, if the sub main fuse box is located within the lot, then it is the lot owners responsibility.

          #13713
          struggler
          Flatchatter

            Thanks for that Simone.  It may seem a simple answer but believe you me, many people in this strata believe that absolutely everything should be paid for/maintained by the OC.  We have had every request -a dripping tap, toilet not flushing, ants in kitchen just to name a few.  All wanted the OC to attend to and pay for.  

            It may stem from the fact that many move from an apartment where many things such as fuse boxes are on common property to a villa/townhouse where the same items are now within the lot.  They believe it was OC then it is OC now.  

            #13714
            Headstrata4145
            Flatchatter
            Chat-starter

              Thank you everyone for your responses. This has been a great help and it certainly has clarrified the issue. As struggler noted some people think everything but the furniture in the unit is the responsiblity of the OC.

              #13867

              The independent legal advice that I received on fuse box/board within an individual lot referred to the Strata Schemes Management Act (1996), section 81:

              https://www.austlii.edu.au/au/legis/nsw/consol_act/ssma1996242/s81.html

              There are no regulations which affect or make mention of electrical fusebox/sub-board within an individual lot, the advice being that it is therefore the responsibility of the Owners Corporation.

              Home contents insurers do not cover this item in my experience as they consider it a building fixture and not an “electrical appliance”, and they will also refer the owner to section 81 of this act.

              #13871
              Whale
              Flatchatter

                MikaelA,

                As reluctant as I am to comment upon the legal advice obtained by others, here goes…

                Your legal advisor has relied upon Section 81 of the NSW Strata Schemes Management Act (1996), which deals with the Insurance that an Owners Corporation (O/C) must hold for its Common Property (CP).

                S81 Clause (a) deals with “owners’ improvements and owners’ fixtures” forming part of the Building (i.e. CP), and which are covered under the O/C's Building Insurance.

                The fuse-box (actually a sub-board) within a Unit or Lot is classified as an “owners' fixture” that whilst covered under the O/C's Building Insurance IF it's damaged due to an “event” described in that Policy, is in all other circumstances the responsibility of Lot Owners – and is as you say not covered by Contents Insurance.

                I hope this non-legal opinion clarifies the situation for you.

                #15154

                Call me naive but I really dont even understand why this is an issue. If you have a sub-board within/on your unit/villa why would you expect the OC to pay for it??

                #15162
                Whale
                Flatchatter

                  I agree, and as I just noticed “Mr Strata's” query about the isolating tap for the water supply to individual Units, the answer is …. it's the Lot Owners' responsibility.    

                  #50446
                  Strata Gophers
                  Flatchatter

                    Hard-wired smoke detectors are common property, so electricity boards in a lot, should be considered common property as well … cos it’s not like you can simply remove it like a battery-operated smoke detector.

                    Whilst new buildings are required to install safety devices, electrical safety is the responsibility of the lot owner in older buildings.

                    Hopefully this is something that will change in the next round of changes to legislation.

                    INSURANCE QUESTION: With regards to contents insurance not covering damages to an internal LOT switch board, does that mean that any damage caused to a lot as a result of a non-compliant internal switchboard (ie with no safety switch) is then considered an insurable event by the OC’s insurer?

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