Maintenance: Hot Water Systems (HWS)
Strata Titles Act (plan number less than 20,000)
If a hot water service serves more than 1 unit it is considered to be common property under Section 5 of the Act. Section 25 explains the Corporations responsibility to maintain the hot water service.
Section 5 (6) The common property comprises:
(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.
Section 25. The functions of the strata corporation are as follows:
(a) to administer and maintain the common property for the benefit of the unit holders and, to such extent as may be appropriate, other members of the strata community; and
(b) to administer all other property of the corporation
What does this mean?
The strata corporation owns a hot water service that is shared between units.
Community Titles Act
If a hot water service serves more than 1 unit it is considered to be common property under Section 28 of the Act. Section 75 explains the Corporations responsibility to maintain the hot water service.
Section 28—Common property
(1) The common property created by a community plan comprises—
(b) the service infrastructure (except for any part of the service infrastructure that is vested in a Minister of the Crown or other authority or person and the parts of the service infrastructure that provide a service to only one lot)
Section 3—Interpretation (1) In this Act, unless the contrary intention appears:
service infrastructure means cables, wires, pipes, sewers, drains, ducts, plant and equipment by which lots or common property are provided with—
(a) water reticulation or supply; or
(b) gas reticulation or supply; or
(c) electricity supply; or
(d) heating oil; or
(e) air conditioning or ventilation; or
(f) a telephone service; or
(g) a radio service; or
(h) a computer data or television service; or
(i) sewer systems; or
(j) drainage; or
(k) systems for the removal or disposal of garbage or waste; or
(l) other systems or services designed to improve the amenity, or enhance the enjoyment, of the lots or common property;
75—Functions and powers of corporations
(1) The functions of a corporation are
(a) to administer, manage and control the common property for the benefit of the owners of the community lots; and
(b) to maintain the common property and the property of the corporation in good order and condition
What does this mean?
The community corporation owns a hot water service that is shared between units.