These questions about how lot owners organising a gas connection for apartments has been answered by Tony Johnson, Horner Management.
Question: How I go about organising a gas connection for apartments? Does my Strata Corporation have to give permission? If one owner is against gas installation, does that mean I cannot have the gas installed?
I am a ground floor unit owner in a strata block built about 1979 in South Australia.
The whole property has electricity connected for all appliances, however, I wish to install a new kitchen in the near future and prefer using gas for my heating and cooktop.
I have checked with the relevant Authority and the infrastructure is readily available from the street, and there is capacity for an instant hot water connection.
There is an easement on the property for all utility pipes and cables – is the easement common property?
How I go about organising a gas connection for apartments? Does my Strata Corporation have to give permission? If one owner is against gas installation, does that mean I cannot have the gas installed?
Will this require a vote or special resolution? I have already advised the Strata Manager that this is an Item for discussion at the forthcoming AGM but I’m not sure what steps I should be taking to organise the gas connection in the meantime.
Answer: A special resolution will be required to allow you to fit gas to your specific unit.
Thanks for your query relating to organising a gas connection for apartments.
A special resolution will be required to allow you to fit gas to your specific unit, as there will be a need to make alterations to the building, and also a need to run infrastructure through/ under common property.
These works are not required maintenance or general repairs, but rather the installation of a new service/ structure/ connection.
This will entail the installation of a meter and likely some external plumbing/ piping to your unit, as well as a new Gas connection to the site.
It would be advisable to obtain all the information from a plumber before having your AGM to determine where any external piping may be run, any external additions as part of the works, and any other damages or alterations that may be required to the site as a whole in order to facilitate the addition of gas. i.e the site will likely need some trenching dug somewhere (possibly under the driveway) to get the pipe from the street to the building – How will this look?
You can also ask the relevant authorities to mark out where the mains gas connection will sit on the site (peg it), so Members can see where this will be located. The more information you can provide for the resolution you seek at the AGM the better.
It is possible that other Owners may also be interested in gas connection for apartments at the same time.
I refer to section 29 of the Strata Titles Act in regards to the alteration of the external appearance of a building or structure.
29—Alterations and additions
(1) Subject to subsection (1a), a person must not carry out prescribed work in relation to a unit unless the person is authorised to do so—
(a) where all of the units comprised in the strata scheme consist of non-residential premises—under the articles of the strata corporation; or
(b) in any case—by special resolution of the strata corporation.
(1a) Subsection (1) does not apply to prescribed work carried out in compliance with a direction under section 23 of the Housing Improvement Act 1940.
(2) Where a person acts in contravention of this section, the strata corporation may, by notice in writing to the unitholder, require him or her to carry out, within a reasonable period fixed in the notice, specified work—
(a) to remedy any structural deficiency caused by the work; or
(b) to restore the unit to its previous state.
(6) In this section— prescribed work in relation to a unit means—
(a) the erection, alteration, demolition or removal of a building or structure;
(b) the alteration of the external appearance of a building or structure.
This post appears in Strata News #215.
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This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.