Question: Can a duplex without separate water meters split the water usage costs based on the number of residents in each unit?
Our two units are not separately metered. One unit has four residents, and the other unit has two residents. We are a self-managed body corporate in Queensland. Can we split the water usage costs based on the number of residents in each unit? Can the unit with four residents be charged a higher proportion of the water usage bill than the lot with only two residents?
Answer: Charges need to be apportioned according to the contribution schedule lot entitlements.
Legally, there is no proper way to implement an arrangement based on occupancy levels of the respective lots.
A question arises whether the water supply authority (council or the like) can create separate accounts for each lot in the scheme. Presumably, that might necessitate an upgrade of the public infrastructure and installation of separate meters, which the water authority may have no interest in (perhaps not without the imposition of infrastructure upgrade charges to the body corporate / lot owners).
Section 196 of the Body Corporate and Community Management Act 1997 (BCCMA) applies where there no practicable way for a utility service provider to measure the extent to which a utility service (e.g. water) is supplied to individual lots in a scheme and the common property. In such circumstances:
- Where each lot has separate accounts with the utility service provider, the required contribution from each owner is calculated based on the contribution schedule lot entitlements (CSLE’s) – usually equal in duplexes.
- Where the Body Corporate takes on responsibility for payment of a single account with the utility service provider for the whole of scheme land, the required contribution from each owner must be collected through levies calculated:
- according to the extent of supply if it can be measured; or
- otherwise:
- equally between the lots; or
- based on the CSLE’s
Accordingly, the bottom line is that separate meters need to be installed in order to charge on a user-pays basis. That may necessitate an improvement to the common property to install meters for each lot. A request could be made to the other owner for such an upgrade to occur. If the request is refused, such refusal could be challenged in the Office of the Commissioner for Body Corporate and Community Management.
Until such time as a metering system can properly measure the water usage of each lot, the charges will need to be apportioned according to the CSLE’s, or equally (which, in a duplex, is likely to be the same thing.)
This post appears in Strata News #725.
Jarad Maher
Grace Lawyers
E: jarad.maher@gracelawyers.com.au
I live in a small 4 unit residential strata title block in Cleveland Qld. .
Each unit has individual water meters , and charged accordingly individually by local council ( Redlands CC) for water usage, bulk water levy as well sewerage.
But ! We also receive an additional water charge through body corp manager, who are billed by council.
There are only 4 units, so why are local Govt charging an additional fee ?
Hi,
You should ask your body corporate manager for confirmation – that’s what their job is.
However, without the details, it might be because your scheme has five accounts – one for each the units and an additional one for the body corporate and the common property water usage.
I live in a complex of 38 villas with a shared water metre, average for one person on my water bill it says should be 150 lpd on my bill we all share 400 lpd, this is ridiculous as I live on my own have one cup of coffee a day one shower and cook some vegetables, if they can’t have seperate water metres they should at least split the bill between all the people living in the complex not just the building for example if there is 100 people living in the complex split it evenly
Ditto Maggie, I have the same problem.
There are 12 in this strata and it is 1/12th of the water account we each pay.
I do not have a garden, pavers front and back. There is only my son and myself and we keep it to a minimum. In summer our water account can reach $400 or more each.
We are in groups of 3 the middle unit has 2 bedrooms, They are single men that own those, Their gardens are weeds – they are not interested in gardening – the only water their gardens receive is from the rain. But still they pay 1/12th. Strata outgoings does not reflect actual usage. In these days and time there should be a fairer formula for this worked around the percentage of property owned. A friend of mine is 1 of 3 units, his has a bigger property and swimming pool. His water account is calculated at 44% of the account, the other 2 units at 28% each. It is worked on the percentage of property owned in that strata.
Forget the voting within unit owners this should be the law, the system as is stands now is quite unfair.
Our council rates are worked out by a formula that suits the value of the property, area etc, why not water???
Regards,
Charmaine
Discrimination is not allowed in Australia. Everyone is said to be equal.
Everyone except me! I have owned and lived in a unit dwelling for the past 20 years.
The complex of 6 units has the same ONE water meter.
There have been up to six people living in one of the small total of 54 sq mtr unit at different stages. SIX people bathing washing cloths filling child’s play pools-watering quite enjoyment gardens- hosing down courtyards garages rubbish bins and cars. This is just ONE of the units.
I live alone. I am 72 years old.
I do little of the above.
I have been forced to give up my garden – wash my clothes only every three weeks- and try to conserve as much water as possible. In doing so I am trying to reduce my Sixth share of the quarterly water bill which I can not afford as the price of water increases.
Four of the six units in the complex are rented and their rent covers rates and water because of the ONE water meter situation. Therefore the tenants have no need to watch what they use and with it being the price of liquid gold they take full advantage of the situation.
I feel there I am being discriminated against when the owner of the four rented tenanted units had four votes at Body Corporate Level against single water meters being installed.
I am sure I am not the only person in this position being subjected to discrimination and forced to live a substandard level of living.
The law has to change to allow people their right to enjoy a resoniable quite enjoyment of living and pay as you go for water.
I