Flat Chat Strata Forum Common Property Current Page

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  • #7736
    greens
    Flatchatter

      Are the maintainance of these the responsibility of the strata or the individual?

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    • #14029
      Jimmy-T
      Keymaster

        According to the new Memorandum on who is responsible for what, they will come under common property. Have a look HERE for more information.

        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.
        #14043
        struggler
        Flatchatter

          What if the hard wired smoke alarms are wholly with the unit?  Such as the case here in townhouses?  We have hard wired alarms that only service the individual units so surely this would be an owners responsibility to maintain, repair?

          #14045
          Jimmy-T
          Keymaster

            The Memorandum refers to: “smoke detectors connected to the fire board in the building” as being common property while “smoke detectors within a lot and are stand alone (not connected to the fire board in the building)” are individual owners responsibility.  As I said elsewhere, the Memo is not law (although it may cover elements that are) but it's a good guide until such times as your OC adopts it as a by-law.

            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.
            #14036
            struggler
            Flatchatter

              From what I have read of the memorandum, it does contain a lot of common sense which is what is needed in strata.  Especially for those who still believe strata means never having to do any or pay for any maintenance whatsoever either inside or outside their homes!

              #14070

              Dear All,
              Smoke detectors step a little further outside the Strata Act, an as such when considering who is responsible for the fire safety measures within any building, you need to consider the responsibilities under the Enivornmental Planning and Assessment Act, which is the one that requires a good majority of buildings in NSW to complete an Annual Fire Safety Statement.

              Under the EPA act, the Building Owner (ie the Owners Corporation) has ultimate responsibility for maintaining the essential fire safety measures in the building.

              Mr S

              #14288

              Regarding smoke alarms and fire safety compliance (I read another post but cannot locate it now), we have been advised today that the OC is responsible for all internal smoke alarms in our complex of 26 townhouses.
              Of greater concern is that we have been told that annual inspections are mandatory, and one has been arranged by our Strata Manager for this week at a cost of $1200.
              I have been an owner here for 6 years, and have NEVER had an inspection. Our SM assures me that we have always had compliance certificates issued.
              Just me or does this seem a little suspect…?? Any thoughts as to our position as a member of the EC?

              #14285
              Austman
              Flatchatter

                sarahs said:

                Regarding smoke alarms and fire safety compliance (I read another post but cannot locate it now), we have been advised today that the OC is responsible for all internal smoke alarms in our complex of 26 townhouses.
                Of greater concern is that we have been told that annual inspections are mandatory, and one has been arranged by our Strata Manager for this week at a cost of $1200.
                I have been an owner here for 6 years, and have NEVER had an inspection. Our SM assures me that we have always had compliance certificates issued.
                Just me or does this seem a little suspect…?? Any thoughts as to our position as a member of the EC?

                Are you sure?  We have had this requirement (in Victoria) for years and the demarcation is clear – hard wired smoke detectors inside a lot are compulsory (for new buildings) but are the owners responsibility to maintain.  (And also in NSW that is the recommendation of the Land and Property Information). They usually are only hard wired for 240V power – they usually have no other connection to a Fire Panel.  The smoke detectors on common property are however an OC responsibility. 

                How has the OC arranged access to all the lots?  That in itself is nearly mission impossible for our OC!

                #14292
                Jimmy-T
                Keymaster

                  Sarahs said:

                  I have been an owner here for 6 years, and have NEVER had an inspection. Our SM assures me that we have always had compliance certificates issued.

                  My immediate response is that it's good that you are finally geting fire safety checks rather than just having compliance signed off based on outdated paperwork.  Your home may be fire safe but what about the flats all around you.  Just last week a block of units had to be evacuated because of a fire started by a dropped cigarette.

                  Austman said:

                  How has the OC arranged access to all the lots?  That in itself is nearly mission impossible for our OC!

                  We have annual fire checks and the OC gets everyone to comply by telling them if they don't make arrangement for access via the building manager then they have to ring the fire saftey people themselves and pay additional costs for an individual check.  Seems to work

                  The new (NSW) memorandum on who is responsible for what suggests that hard-wired internal fire alarms that go back to a central board for the building are the OC's responsibility while self-contained systems within the lot are the lot owners'.

                  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.
                  #14306

                  Hi All, Yes agree with Jimmy, you are now having your fire safety checks so be relieved.

                  We have our inspections twice a year, I don't care what the cost is, we are talking about fire! Could destroy your life and dear possesions,pets, including your property! How is your insurance? A notice is sent to all to be available or pay yourself if you are not for an extra visit as is Jimmys. The inspections are held in the morning before most head off for work and take 5 minutes and the hard wired smoke alarms inside lots are taken on as OC responsibility. If the battery is flat most replace at their own expense I think they are around $8, but faults and replacement OC covers. I recently had a faulty alarm and sent an email to the strata manager who promptly sent out a technician and replacement alarm. This works well for our building. Mind you I have been working hard over a few years to make our plan functional and harmonious and some are not so. Surprised

                  Cheers CBF

                  #14320

                  Thanks all. It seems my comments about having an inspection may have been misconstrued. In no way was I questioning the necessity for an inpsection – I, along with you, agree that it is an absolute necessity, regardless of cost.

                  My comment related to the fact that there have been no inspections of our building for at least 6 years, and my neighbour tells me its many more than that. I have an issue with a company issuing compliance certificates for a complex of townhouses that they have not actually been inside (and of course charged the same rate as if an inspection had been done).

                  As an update, the inspection did take place this week, however 9/26 townhouses could not be accessed, so we are arranging a return visit.

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