Services upgrades in units

Latest update for those pushing their body corporates to upgrade power/phone/tv/lift/exhaust/other common services in NSW.

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It would now appear that the law would hold that a body corporate is only required to maintain or replace 'like for like' and not be required to pay for upgrades because you want air conditioning, digital tv, pay tv, extra plumbing etc.

In some instances this can be seen as a retrograde step (eg lift car/operating gear upgrades) but may eventually lead to older blocks becoming unlivable by Gen-Y standards (lower returns as there are no whistles and bells).

It begs the question, if council were to impose a fire safety order, would this be enforceable as it is an upgrade?
 
It begs the question, if council were to impose a fire safety order, would this be enforceable as it is an upgrade?

I'd imagine non-compliance would lead to some sort of fine or non-habitation ruling. I think that would see all owners stump up pretty quickly. That one would be pretty black and white as it affects everybody equally.

Likewise if a defect was issued on the electrical switchboard, etc...depending on severity, the power company could choose to disconnect until rectified.

I think this probably relates to more contestible issues, which are seen to only "benefit" an "individual" or "group of individuals". E.g. some people wanting an Air Conditioner, etc. That is more of a "capital" addition to the property. You bought into the property on an as-is basis, we only have to maintain it as such. Anything more would have to be under the agreeance of other owners.

An interesting story from Sydney Village in Erskinville. Where the owner's have agreed to upgrade the complex's internet.

Eighteen months ago, the complex set about seeking a faster internet solution, and with the National Broadband Network not due locally until some time between 2015 and 2017, decided on working with a private carrier to install fast internet before the NBN. Eventually, network provider OPENetworks answered the call, making use of an Optus Wholesale fibre corridor running along the street outside.

http://www.theaustralian.com.au/aus...-with-nbn-speeds/story-fn4iyzsr-1226709390846
 
Usually upgrades require 100% owner approval.

Fire safety orders would be a legal requirement and therefore compulsory. Same with balcony railing heights or pool fencing with changes to leglislation.

We owned a unit in a complex of 80. The active manager was able to get 100% approval to install electronic security gates by getting RE estimates of values with and without the gates, and was thus able to show the increase in value was around 10 times the cost of the upgrade.
Marg
 
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