谢谢您还惦记着。
后来the strata 请了他们的律师团,以下是他们律师给我的来信:
It sounds like the transformer is located on a wall, rather than inside the wall. It sounds like it is “inaccessible” because it is behind the freezer.
Assuming I have understood the above correctly, we need to determine if this is a common property issue. It is common property if the transformer is located:
1. Within the wall that forms a boundary with another strata lot; OR
2. Within the wall that forms a boundary with the common property (i.e. exterior or the common property hallway); OR
3. Wholly or partially within a strata lot, it if is capable of being an intended to be used in connection with the enjoyment of another strata lot or the common property.
This transformer is not within the wall, it is on the wall. As a result, #1 and #2 do not apply. Also, #3 does not apply even though it is wholly within the strata lot because it is not capable or intended to be used in connection with the enjoyment of another strata lot or the common property.
Further, this owner is incorrect (unless the strata plan says otherwise) about the boundaries of the strata lot. Section 68 of the SPA says that the strata lot boundary is midway between the surface of the structural portion of the wall that faces the strata lot and the surface of the structural portion of the wall that faces the other strata lot or common property.