Are Hot Water Services covered by Strata? South Australia.

Do you own a unit/ apartment in a Strata Titled complex and ever wondered who is responsible for the Hot Water service?

The answer lies in whether or not the hot water supplied to your unit is from a “Common hot water service”. Hot water supplied to your unit may be supplied from a gas or electric Hot water service (HWS). Does this hot water service supply hot water to multiple units with-in your strata complex? Or does it supply water purely to your apartment?

If the hot water service is supplying hot water exclusively to your unit, then the costs to maintain, repair, service and replace this hot water service would be the responsibility of the unit Owner. A private hot water service which serves only one unit, may not necessarily be located in a private or subsidiary unit area, it could be located in a common area (perhaps a breezeway) or attached to a common external wall. The key element here is not the location, but who it exclusively serves.

If the hot water service is one which is supplying hot water to more than one unit then this hot water service would be a common hot water service. Just as other “common” items and areas are the responsibility of the Strata Corporation to collectively maintain, so too is the common hot water service the responsibility of the Strata Corporation.

STRATA TITLES ACT 1988

Part 2—Division of land by strata plan

Division 1—The strata plan

5—Nature of strata plan and requirements with which it must conform

(6) – The common property comprises—

(a) any land or space that is not within a unit;

(b) any pipe, cable, wire, duct or drain that is not for the exclusive use of a unit;

(c) any structure that is not for the exclusive use of a unit installed before the deposit of the strata plan;

(d) any structure installed by a strata corporation as part of the common property;

(e) any other structure on the site committed to the care of a strata corporation as part of the common property.

Is the Strata Hot Water Service covered by Strata Insurance?

The short answer is that the hot water service will be covered by the strata insurance as part of the Strata building insurance cover. This does not mean however that you have a claim with respect to your hot water service. The same as any building insurance claim, there must have been a claimable event for which you are seeking the insurer to assist you with. By this we mean; if the issue you have with your hot water service is one of general service, old age, general wear and tear, then there is no claim, and the same as any other maintenance item, the repairs (or replacement) required on the hot water service will remain the responsibility of the hot water service Owner.

If, however, the hot water service was stolen, or damaged in a building fire/ storm, then you may find that depending on the conditions and excesses applicable to your individual Strata building policy, that this could be a claimable matter, which could be lodged via your Strata Manager, insurance Broker or Presiding Officer (whichever is applicable to your Strata Corporation).

Alternatively, damages to the hot water service itself may not be a claim, however water damages caused as a result of an unexpected leak, may potentially form part of a claim. It is also possible in such instance, that the Strata Building Insurance may need to work side by side with an Owners contents Insurer.

Can I relocate my Hot water service?

The relocation of your individual hot water service would be at the cost of the unit owner whom owns and has exclusive use of the hot water service.

Relocating the Hot water service, may require the consent of the Strata Corporation Members depending on the resolutions previously passed by your Strata Corporation and the location that you wish to move it. For example, if you wish to relocate it to a common wall and/ or the group has not previously passed a blanket resolution in regards to where Members can relocate their HWS then this would require the consent of the Corporation by passing an appropriate resolution in accordance with the Strata Titles Act 1988.

This would be the same as say replacing and relocating an existing tank style Hot water services for perhaps a roof mounted solar hot water service.

Can I replace my Hot water service with a different sized/ shaped unit?

The replacement of your individual hot water service would as discussed above be at the cost of the unit owner whom owns and has exclusive use of the hot water service.

If you were replacing your Hot water service with the same style and shape unit (i.e an instantaneous for another instantaneous unit, or a water tank the same size, for another the same size) then this would not require the consent of the Strata Corporation. As this is effectively a maintenance item, where you are not changing the appearance or attachments to the building. If you are seeking to replace the Hot water service with a different style/ type, then you may require the consent of the Strata Corporation Members depending on the resolutions previously passed by your Strata Corporation and the changes being sought. For example, if you wish to replace your instantaneous unit to a large style water tank attached to the wall and such changes have not previously been passed a blanket resolution in regards to doing so, then this would require the consent of the Strata Corporation by passing an appropriate resolution in accordance with the Strata Titles Act 1988.

Every Strata Corporation (and Community Corporation) is different, made up of different people and different past precedents. It is in your best interest always before undertaking any works to the property (particularly external works), to initially reach out to your Presiding Officer or Strata Manager to discuss the works you are seeking and find out what action may or may not be required from you.

You may also find that similar works have been approved in the past and the Strata Corporation may have a Plumber or Contractor familiar with your site and the works required that can be asked to provide you with a quote.

Looking to change Managers? Stratarama is here to assist you every step of the way. Contact us by clicking on the link for an obligation-free proposal. Wanting to come on board? Our friendly team will arrange a smooth transfer from start to finish, assisting and guiding you on all the steps.

If you have any questions about strata management in Adelaide contact us at:

Stratarama

office@stratarama.com.au

08 8276 0426