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 and one management unit. Two years ago, the holiday unit (U14) was separated from the management rights by the licensee residing there at the time, and 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, which is wired to an owners corporation electricity meter not through the management unit meter.
Our committee obviously needs to enforce that the new U14 owner to installs a hot water system like the other 13 units, but that new owner is refusing and claiming it is an owners corporation 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 a party to and therefore may not be across), you may want to seek legal advice for this matter.