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We have a tenant that is operating a large-sized domestic fridge in their garage and using electricity that is paid by the Owner’s Corporation and not the individual lot. The cost to the Owner’s Corporation is not a minor one, that being of the order of $300 per annum. How can the EC deal with this issue as we don’t currently have a by-law in place restricting such use?
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Get an electrician to come in and put a lock over the power point.
And get a by-law covering the use of power on common property (permission in writing, agreed payments etc etc.) Meanwhile tell the fridge person that if they don’t pay the bill, then the electrician mentioned in the previous post will be coming round to cut them off.
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.
The electricity supplied to, and paid for by the strata scheme should primarily be used for strata scheme purposes, and not for the benefit of an individual lot included in the scheme.
In allowing an owner to use a common property electricity supply that is not as a matter of course provided to all other owners of lots in the scheme, the strata scheme would need to grant a licence to the Lot Owner.
The decision is a restricted issue for the committee and should be presented to a general meeting as a special resolution.
If the Lot Owner has not been granted a licence then the Lot Owner does not have the required authority to connect his refrigerator to the strata scheme electricity supply and is therefore in breach of the Act.
Conditions can be placed on the granting of this licence, including payment of a fee to use the common property electricity.
The relevant legislation is here:
STRATA SCHEMES MANAGEMENT ACT 2015 – SECT 112
Owners corporation may grant licence to use common property
112 Owners corporation may grant licence to use common property
(1) An owners corporation may grant a licence to an owner or occupier of a lot in the strata scheme or another person to use common property in a particular manner or for particular purposes if the owners corporation has approved the granting of the licence by a special resolution.
(2) A licence may be granted subject to terms and conditions.
Note : Division 3 of Part 7 enables owners corporations to make common property rights by-laws granting exclusive use rights and special privileges (including licences) in relation to common property.
(3) Without limiting this section, a licence may be granted under an agreement with the local council for a strata parking area under section 650A of the Local Government Act 1993 .
Your biggest problem with the use of a fridge in a garage is not the electricity but the possibility of fire from the use of a motor compressor in a garage/storage area.
How often is the compressor checked for build up of debris for example? Is the compressor under continuous load? Are there items stored around the fridge and is there sufficient clearance? How old us the fridge and us it in good working order?
These are all serious issues regarding the use of appliances such as fridges in garages. Fridges are a very common cause of house fires. A simple Google search will confirm. Or better still speak to your fire services provider and/or local fire brigade.
And because garage fires can be so devestating it is unwise I would suggest to allow in garage/storage areas the use of continuous load appliances such as refrigerators.
In addition to all the replies here, best to give the guy who’s got his fridge plugged in some sufficient warning. Just to be nice, of course. At the end of the day, that guy’s got stuff in there that might cost a pretty penny or whatever and far be it for you to protect your vested interest when it comes to the illicit use of your power only to get a lawyer’s letter about damage of this guy’s “property” when everything in the fridge goes bad!
Does the tenant actually know that the electricity isn’t being paid by them?
It would be reasonable to assume that if there is a power point in an area that is for their exclusive use then it is connected to their residence rather than the BC.
Maybe it is time to call an electrician to either disconnect all garage power points or rewire them to the residence power board?
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