Our committee needs to enforce a new owner to install a hot water system like the other units, but that new owner is refusing & claiming it is a body corporate problem. What should we do to resolve the impasse? – Phillip, NSW

Q: Our strata scheme is a 14-lot holiday letting complex in NSW that was built with 13 holiday units & 1 management unit. Two years ago, the holiday unit (U14) was separated from the management rights by the licensee residing there at the time & sold off as a 14th unit in the scheme (apparently with Council approval).

The holiday letting rights were sold off separately to an off-site licensee. An issue has arisen because for many decades U14 was sourcing all its hot water from a hot water system in the common lot laundry & wired to a body corporate electricity meter (not through the management unit meter).

Our committee obviously needs to enforce the new U14 owner to install a hot water system like the other 13 units, but that new owner is refusing & claiming it is a body corporate problem.

What should we do to resolve the impasse?

 

A: Due to the complexities involved with the off-site licensees (of which the owners corporation is not party to and therefore may not be across), you may want to seek legal advice for this matter.