Common electrical switchboard/meters on private property (VIC)

I think the OP will find out what an “Implied Easement” means on Victorian Plans of Subdivision (strata plans).

It’s one of the quirks, if you like, of strata.  At the time the strata plan is registered both the OC/BC and the lots have automatic implied easements over each other for the supply of their services.

So the other lots (and the OC/BC) will basically owe the OP nothing.  They have the easement already.  And if it’s not in their interests they need not change the current arrangement.

The OP, on the other hand, could pay to alter the arrangement and win back the space for their lot.  That would need OC/BC approval of course.

Yes, can you lock the room and charge any one who needs to access it? It seems very unfair that it is space you paid/ pay for, yet common access is expected.

Can you get a quote for moving it or having a new board put in? What does an electrician say about the safety of the current one?

Also, I’d ask all owners, not just the committee.

We have a similar situation. The electricity meters etc were not installed where intended by the plans but instead on the side wall of a neighbouring townhouse, but wholly inside our courtyard lot space.

For meter reading and any other purpose, someone has to traipse through our courtyard. One solution proposed but never actioned was for us to give up a metre-wide strip of courtyard alongside the neighbouring wall and in return receive the same area added to the courtyard from common property elsewhere.

Given the likely costs of surveyors, solicitors and changing boundaries on strata plans with the Land Titles Office, I expect simply moving the meters may well be less expensive?

Agree that nothing will change unless the other owners can be convinced to care!

Re “Implied Easements”.  I think we have a similar arrangement in Queensland, called “Statutory Easements” which arise under our Land Titles Act and the BCCM legn.  Very invasive and preemptory, and often encourages the Committees to feel they can do anything they like.   There may be a requirement of ‘reasonable’ notice being given to an owner before the service provider comes onto your property or exclusive use area, but failure to do so does not prohibit the access and installation…so guess what happens, no notice.

In VIC stratas, there are implied easements for common and lot services due to the Subdivisions Act 1988, particularly s.12(2).

It means that the common property and the lots have easements over each other for the supply of their services.    A lot’s service infrastructure can cross both common property and another lot property.  The same with common service infrastructure.   In VIC, lots are responsible for their services once they exclusively service the lot – regardless of their location.   So the lot needs the easement in order to maintain their service.   The implied easements are created when the strata plan is first registered.  The lots and the OC don’t get to automatically add new implied easements however and existing implied easements will probably be difficult to remove.

A service provider can require that some or all of its service supply infrastructure is placed on common property.  That’s the case today for electricity meters.   But it might not have been the case decades ago.  In any event, it seems the electricity distributor is OK with the present arrangement.

To get it changed at OC expense, the OP would probably have to challenge the fairness of the implied easement.  That I think would be difficult to do if the easement has existed for decades.