QLD: Q&A Individual and Shared Water Meters for Apartments

This QLD article is concerning individual water meters for apartments.

Table of Contents:

• QUESTION: Can a duplex without separate water meters split the water usage costs based on the number of residents in each unit?
• QUESTION: My latest water bill shows a marked uptick in water usage although my daily habits haven’t changed.
• QUESTION: When I bought my unit as a single working owner, I had no idea we had one water meter to be read and divided amongst 32 lots. Why do I need to pay for other’s high water usage?
• QUESTION: The handle on my water valve has broken. As the villas are individually metered, my Body Corporate states that plumbing related issues to and including the black metre box are the owner/s expense. Is this correct?
• QUESTION: Our body corporate is encouraging lot owners to install separate water meters. Can they incentivise this by offering a loan?
• QUESTION: What type of Body Corporate resolution would be required in order to proceed – a Resolution without Dissent, or a Special Resolution?
• QUESTION: I live in an apartment in Queensland. Our complex shares a water meter with an aged care home. Can you please advise me how individual water meters for apartments work?

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:

1. 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.
2. 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:
   
   1. according to the extent of supply if it can be measured; or
   2. otherwise:
      
      1. equally between the lots; or
      2. 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.)

Jarad Maher
Grace Lawyers
E: [email protected]

This post appears in Strata News #725.

Question: My latest water bill shows a marked uptick in water usage although my daily habits haven’t changed.

My latest water bill shows a marked uptick in water usage. I am a single pensioner and my daily habits haven’t changed. I took readings over a 5-hour period that indicated no leaks. I believe my water sub-meter is faulty. The body corporate won’t discuss the usage. The sub-meters to individual lots are located in a cupboard on the common property . Are they the body corporate’s responsibility? What do I do now?

Answer: If the meter reading and changes to resident behaviour don’t seem to be the issue, the meter needs to be considered.

There are various points of failure when recording water usage. These can be behavioural or technical. The first thing to consider is the meter type and how the data to bill you is recorded.

The first thing to consider is whether there has been an incorrect reading used in the preparation of your bill. You can probably check this easily enough. In this instance, it sounds like residents have access to the water meter cupboard, so the latest meter reading value presented on your bill should be within a reasonable difference to the reading on your meter. If not, then let the service provider responsible for managing your account know of the excessive difference and ask for your bill to be reissued using the accurate reading. Usually, your service provider will be able to assist you with whether your daily usage is within normal limits and, using information you supply, be able to understand whether the high usage is developing into an ongoing issue. If the meter reading and changes to resident behaviour don’t seem to be the issue, the meter needs to be considered.

A faulty water meter can exhibit various behaviours, and the issues can depend on the type and design of the meter. One of the most apparent signs of a faulty water meter is inaccurate readings. If you notice a sudden and unexplained increase or decrease in your water bill, it may indicate a problem with the meter. As water flows through a traditional water meter an internal wheel spins, recording the amount of water flowing through the meter. If the wheel continues to spin even when no water is being used, it may suggest a leak in the meter or the water supply line. In digital water meters, the display should stop when water is not being used. If the display continues to register flow even when all water fixtures are turned off, it could be a sign of a malfunction. As you have performed this test and found no leaks, I request this test be performed by the body corporate to satisfy their own enquiry into the integrity of the meter.

Internal components of a water meter can become stuck or jammed, leading to inaccurate readings or a complete failure of the meter. When this happens, the meters typically don’t become unstuck or jammed, so you could expect continued inaccurate readings. A faulty water meter can develop leaks over time. If you see water around the meter, it may indicate a problem. Leaks can affect the accuracy of the meter readings and waste a lot of water. Like any mechanical device, water meters can wear out over time. If your water meter is old, it may be more prone to malfunction. Manufacturers typically provide an expected lifespan for their meters. This would need another integrity test to understand the likelihood of failure.

The Energy and Water Ombudsman Queensland (EWOQ) investigates residential customer complaints when water is sold to them by Unity water (SEQ – north), Queensland Urban Utilities (SEQ – central), Gold Coast City Council, Logan City Council or Redland City Council.

This helpful response assumes the body corporate is responsible for on-selling water that has been supplied to the whole site by one of the above water authorities to residents. Depending on the age of your building, you may be at the precipice of a community wide water issue and it will be to the benefit of the whole scheme to investigate. When your body corporate issues water bills, you have a responsibility to try to resolve the dispute with the committee first. Under the dispute resolution process for residents living in a community managed under the BCCMA it is recommended that in the first instance you contact your body corporate and, if unresolved, the Office of the Commissioner of Body Corporate and Community Management. Your strata manager should assist you with moving through the steps to resolution and more information on how to reach resolution prior to reaching out to the Commissioner’s Office can be found on the Queensland Government website: Self resolution for disputes.

The steps as listed there as

• communicating with the other person (preferably in writing, as this may be needed as evidence of self-resolution later)
• presenting a motion to the committee
• presenting a motion to a general meeting.

You may need to try all of these, depending on who your dispute is with, what it is about and how hard it is to resolve.

Sarah Price
Altogether Group
E: [email protected]

This post appears in Strata News #682.

Question: When I bought my unit as a single working owner, I had no idea we had one water meter to be read and divided amongst 32 lots. Why do I need to pay for other’s high water usage?

When we purchased my property, I was not aware that we have only one water meter reading to be divided between all 32 lots.

I am the single occupant of my lot and I work full time. I pay the same as a lot occupied by 4 or 5 people and this bill does not vary even if I’m away for 4 weeks.

I am not the only owner wanting a separate water meter. As the meter is on my property and apparently my responsibility, can I request to have it read and only pay that amount?

Answer: The water authority may be willing to change to individual metered billing without too much of an issue.

It takes a sharp conveyancer to point out that sort of detail. The CMS almost never says, “there’s only one water meter which divides the water between 32 properties”. It’s unlikely they’ll be a sign and the agents are not always across the detail. Water rates notices describe the distribution by contribution entitlement and unless scrutinised, it’s often hard to interpret when you’re faced with the myriad of competing challenges when buying a property in a strata scheme.

Depending on the age and layout of your building, it may not be possible for the water authority to read the meter and charge you individually. But you have a couple of options.

If you have existing meters installed, the first thing to do is call the local water authority to see whether their access policy has changed since the building was registered or is likely to change in the future. The authority may be willing to change to individual metered billing without too much of an issue. If the local water authority cannot access the meters easily or remotely, it is unlikely they will offer to change to individual metered billing. Your body corporate manager will be able to make some enquiries on behalf of the building.

The next thing the body corporate can do is take responsibility for the entire building’s water usage each cycle. If you have existing meters installed or are willing to install them, the body corporate can change the contribution entitlement arrangement with the local water authority and be the responsible party for the water invoice each cycle. The body corporate is then responsible for individual water recovery from all owners. There is a cost for administering the water recovery as well as a risk of delinquent debt, but for conscientious and low water users this is often less than the cost of excess water usage.

We have previously responded to a similar question from a NSW lot owner, and you may find it useful to read that response as well.

Sarah Price
Altogether Group
E:[email protected]

This post appears in the April 2021 edition of The QLD Strata Magazine.

Question: The handle on my water valve has broken. As the villas are individually metered, my Body Corporate states that plumbing related issues to and including the black metre box are the owner/s expense. Is this correct?

I live in a townhouse that is under the Building Format Plan. The handle on my water valve has broken. This handle turns off water to my unit only and is situated within my boundary.

On review of the Building Format Plan and on the advice by two plumbers, the water pipe leading up to and including the meter services all the community and the Body Corp are responsible for the repairs to the handle. In order to undertake the repairs, the water to every unit will have to be turned off. My Body Corporate is telling me that as the villas are individually metered, plumbing related issues in the villa to and including the black metre box are the owner/s expense.

Answer: Utility infrastructure is considered to be common property except where three specific conditions are met at which point responsibility transfers to the lot owner.

Utility infrastructure is considered to be common property except where three specific conditions are met at which point responsibility transfers to the lot owner.

The conditions state that the owner is responsible for utility infrastructure that;

• supplies a utility service to only 1 lot;
• is within the boundaries of the lot; and
• is not within a boundary structure for the lot.

As the question acknowledges that the handle of the water valve that requires repair services is only one unit and is situated within the boundaries of the lot the first two of these conditions conferring responsibility on the owner seem to have been met. We don’t have enough information to definitely answer the third criteria, but if that were the case then it would seem that this issue is the lot owner’s responsibility.

Outside of this guideline you may want to consider if there are any by-laws that affect this issue.

And, you may need to check the scope of repairs. It depends on the extent of the works, but it is possible that it could be a shared cost if some of the common property infrastructures also needed repair.

For the water shut-off you should contact the body corporate and advise when you would like to undertake the works. It’s always inconvenient when the water has to be turned off, but sometimes it is necessary. If you work with the body corporate they can make sure to give other owners fair warning in advance. I find it best to book these shut-offs after nine and before three as that tends to be when the building is least occupied.

For more information on utility infrastructure, the government website has a detailed description: Queensland Government: Utility infrastructure maintenance

William Marquand
Tower Body Corporate
E: [email protected]
P: 07 5609 4924

This post appears in Strata News #531.

Question: Our body corporate is encouraging lot owners to install separate water meters. Can they incentivise this by offering a loan?

We have a situation where the Body Corporate committee wants to put water meters into each individual lot but some can’t pay for it upfront. To try to convince these owners to approve the installation (which is on each owner’s private lot) there have been rumours that they will be “helped” to pay presumably by the Body Corporate.

I am speculating that this will be some sort of loan from the Body Corporate. Is this legal? If so, what are the procedures and limitations? I can’t find anything in the laws or searching on the internet about this.

Answer: It is not uncommon for bodies corporate to want to encourage lot owners to buy and install their own water meters

Individual water meters are a great way to ensure that the ‘user pays’. It has however only relatively recently become standard development practice for individual meters to be installed.

Older schemes may have anything from 1 meter for both all lots and common property, though to almost (but not quite) complete coverage; i.e. 1 lot = 1 meter.

Where there is complete coverage, s195 of the Act provides that the lot owner is liable to pay for the water their lot consumes if it is separately measured, charged to the lot owner and charged other than based on the value of the lot; i.e. kilolitres consumed.

In schemes where there is less than complete coverage, s196 of the Act provides that each lot owner is liable to the utility provider (e.g. Unity Water), for water consumed in the community titles scheme, pro-rata their contribution schedule lot entitlement.

Lot owners with water tanks or who consume less water are often, understandably, dissatisfied with this arrangement. Fortunately, there is an alternative. Under s196(4) of the Act, the Body Corporate can take on liability for owners or occupiers. The Body Corporate then pays the utility provider and recoups the money from the owners or occupiers.

That can be done in two ways. Firstly, through the normal (administrative fund) contributions. That may be appropriate where no lots have meters and all lots are similar.

The second method, however, is for the Body Corporate to raise a water levy:

1. for lots which have a meter – based on the water use; and
2. for lots that don’t have a meter – either in equal shares, or pro rate the contribution schedule lot entitlements of the lots who don’t have meters.

Given those advantages, it is not uncommon for bodies corporate to want to encourage lot owners to buy and install their own water meters. It is not for the Body Corporate to do this, in the normal course, because individual meters benefit individual lots, and not the Body Corporate.

Bodies Corporate may borrow funds (for example see s171 of the Standard Module) but there is no direct regulation of the Body Corporate loaning money. The Body Corporate must not be in the business of loaning money (s96 of the Act) but it may invest monies not immediately required for its purposes in the ways that a trustee may invest trust funds (s96(2) of the Act).

Accordingly a prudent, compliant Body Corporate could, after taking legal and financial advice, invest funds not immediately required, by offering loans, with appropriate interest and other terms, to lot owners for the specified purpose of installing a water meter for their lot.

Indeed, the Body Corporate could arrange for multiple installations, to secure a favourable rate, after obtaining the relevant lot owners agreement (see s210 of the Standard Module), including to pay for the installation by entering into the loan arrangement.

Michael Kleinschmidt
Stratum Legal
E: [email protected]
P: 07 5406 1282

This post appears in the November 2021 edition of The QLD Strata Magazine.

Question: What type of Body Corporate resolution would be required in order to proceed – a Resolution without Dissent, or a Special Resolution?

Our strata scheme is 26 years old. Hot water is individually metered downstream of the master meter, whereas cold water is not, with water charges being apportioned according to Lot Entitlements. The installation of individual water meters to each Unit is being investigated, with the intent that, as with other utilities (gas, hot water, electricity), Units will pay only for what they use, plus a share of the Common Property usage.

What type of Body Corporate resolution would be required in order to proceed – a Resolution without Dissent, or a Special Resolution?

Answer: Largely, this comes down to the quote you’ve gotten for individual installation.

Largely, this comes down to the quote you’ve gotten for individual installation. More than likely this will be an improvement to common property and where the improvement is more than $2,000 multiplied by the number of lots in your scheme, that will be a special resolution. My understanding is that the price of individual metering is such that it’s nearly always going to be more than $2,000 multiplied by the number of lots in the scheme.

You will need to bear in mind that the move to individual metering, while welcomed by some, may not be welcomed by others who may be financially worse off as a result. Care needs to be taken by the committee to ensure that the quotes for individual metering, together with the costs and benefits, are clearly presented at the general meeting.

Chris Irons
Hynes Legal
E: [email protected]
P: 07 3193 0500

This post appears in Strata News #514.

Question: I live in an apartment in Queensland. Our complex shares a water meter with an aged care home. Can you please advise me how individual water meters for apartments work?

There are about 26 villas in my complex and there is an aged care home next door. We share the water meter with the aged care home.

It’s so unfair because the aged care home uses water 24 hrs a day, they have a cafe, hairdressing salon, commercial laundry etc.

Is it possible to have individual water meters installed for our apartments?

Answer: A body corporate with a single water meter must apportion the costs for water usage between lots in accordance with the contribution schedule lot entitlements.

I assume that:

• your complex of 26 villas is a body corporate regulated by the Body Corporate and Community Management Act 1997; and
• the aged care home that adjoins your scheme is not part of your body corporate.

It is unlikely that a body corporate would share a water meter with a property next door to it that is completely separate without any formal arrangement. However, if this is the case, your body corporate should obtain further legal advice in relation to retrofitting the body corporate so that it has its own water meter.

A body corporate with a single water meter (that is solely for water supplied to its scheme) must apportion the costs for water usage between lots in accordance with the contribution schedule lot entitlements.

Where there is a single, shared water meter for a scheme, it is widely accepted that this practice will naturally result in lots who use a small amount of water paying more than they would if the lots were individually metered for water usage.

Hayley Gath
Mathews Hunt Legal
E: [email protected]
P: 07 5555 8000

This post appears in Strata News #303.

Have a question or something to add to the article? Leave a comment below.

Embed

Read next:

• Queensland Electricity Rebates: Am I eligible, and how do I apply?
• QLD: Q&A Suing other lot owners for lack of garden maintenance

For more information on matters such as body corporate water rates or information about strata living in your state or territory? Visit Maintenance and Common Property OR Strata Legislation QLD pages.

Looking for strata information concerning your state? For state-specific strata information, take a look here.

After a free PDF of this article as a body corporate water rates resource? Log into your existing LookUpStrata Account to download the printable file. Not a member? Simple – join for free on our Registration page.