Question: Our annual fire inspection indicated that two lots’ smoke alarms needed replacing. The secretary organised replacement at the owners cost without seeking approval from the committee or the owners. Is this correct?
Our annual fire inspection was carried out today. The smoke alarms in two lots need replacing. The secretary authorised the work to be carried out without consulting the committee members or lot owners. The secretary instructed the committee and strata manager via email that the replacement cost of the smoke alarms is payable by the lot owners (approx $420 each) and not the owners corporation “because all smoke detectors in the building in common hallways and units have to be checked and within date before the AFSS statement can be issued”. Can the secretary make this arbitrary decision without notice or agreement from the affected lot owners?
Answer: All fire protection at a scheme (whether on lot or common property) is the owners corporation’s responsibility.
In my view, because fire provision for strata buildings is governed by state planning legislation, generally, all fire protection at a scheme (whether on lot or common property) is considered to be the responsibility of the owners corporation. If your scheme adopts a common property memorandum, fire safety is expressly stated to be the responsibility of the owners corporation. In the absence of someone having damaged/defaced/removed from its point of installation a fire safety device, the owners corporation should pay, and, even in the absence of such interference, it is unlikely that the charge for replacement can’t simply be on-charged to a lot owner without the owners corporation pursuing such amount as a debt due in the relevant Court.
The owners corporation is ultimately responsible for submitting the Annual Fire Statement each year, and as such, would need all fire safety measures maintained, repaired and certified.
This post appears in Strata News #739.
Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440