WA: Can strata charge a single lot for plumbing work on common property pipes?

This article discusses who pays for plumbing repairs in a strata scheme in WA, explaining when a lot owner may be charged for plumbing work on pipes that serve only their unit versus costs that should be shared as common property.

Question: Can the strata manager issue a special levy to recover plumbing costs for water hammer in common property pipes based on the council of owners’ instructions?

Our strata scheme has 8 units, with four lots per level. I live on the upper level. I reported loud water hammer noises in the roof space above my unit to the strata manager, who then engaged a plumber. The plumber attended the building about three times and invoiced the strata manager $1,760.

The strata manager raised a special levy of $1,760 on my lot alone, and has threatened to refer it to a debt recovery lawyer and charge interest if I do not pay. When I questioned why I’d been charged for repairs to common property water pipes, the strata manager said that the council of owners had instructed them to issue the levy.

Answer: Request further documentation and clarification from the strata manager and/or the council of owners.

It’s important to review the plumber’s invoice and any accompanying report to understand exactly what work was undertaken. You have noted that the strata manager charged you for work involving common property pipes. However, under Section 63 of the Strata Titles Act 1985, a pipe may be located on common property yet still solely service your lot. In such circumstances, responsibility for the repair may fall to the lot owner rather than the strata company.

Section 63 – Utility Service Easement

1. A utility service easement exists for the benefit and burden of each lot and the common property to the extent reasonably required for the provision of utility services.
2. This easement entitles both the strata company and lot owners to install, remove, and examine utility conduits as necessary.

In addition to Section 63, it is essential to review your scheme by-laws to determine whether they contain any further provisions regarding the maintenance and repair of utility services.

If the plumber’s report confirms that the work carried out was on a pipe solely servicing your lot, then the associated cost may properly be your responsibility. However, if the pipe services multiple units or forms part of the broader common property system, the charge may have been incorrectly levied.

I recommend requesting further documentation and clarification from the strata manager and/or the council of owners, including:

• a copy of the plumber’s report
• confirmation of whether the affected pipe services only your unit or multiple lots
• the by-law or statutory basis on which the charge has been allocated to you

This information will help determine whether the invoice has been correctly applied.

Jamie Horner
Empire Estate Agents
E: JHorner@empireestateagents.com
P: (08) 9262 0400

This post appears in Strata News #777.

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