Question: Our executive committee approved a wood fire heater installation without putting it to all owners. Can that decision be appealed or rescinded?
We have around 50 townhouses built several decades ago, heated electrically, with a high proportion of elderly owners slowly being replaced by couples with babies and children. Our executive committee recently approved one owner’s application to install a wood fired heater. I believe the decision failed to consider the best interests of all owners and ignored public health warnings about the toxicity of wood fire smoke.
The committee says the applicant might not proceed with the installation, but ignores my appeal for the decision to be rescinded. I fear this poor decision creates an unacceptable precedent.
What are my options to challenge the executive committee’s decision, and could the decision be rescinded at a general meeting?
Answer: Owners holding at least 25% of unit entitlements can call a general meeting to move a motion rescinding the decision.
I’m wondering if the agenda for the committee meeting for approval went to all owners prior? Wood heaters are controversial, especially in a townhouse environment. It would have been prudent to go to a General Meeting for all owners to vote on this topic.
The ACT Government has more information on wood fire heating. There is a list of tips to keep the pollutants down in the fire.
In the ACT there are certain conditions as per below. And also regulations as to the source for firewood which is regulated under the Environment Protection Act 1997 (the Act).
All wood heaters, including second hand wood heaters, sold or installed in the ACT must:
- have a certification plate
- comply with minimum standards set in the Act and the Environment Protection Regulation 2005 for solid fuel-burning equipment.
The minimum standards are:
- a minimum overall average efficiency of 60%
- a maximum appliance particulate emission factor of:
- 1.5g/kg for a heater without a catalytic combustor
- 0.8g/kg for a heater with a catalytic combustor
It’s against the law to sell or install a non-compliant wood heater. If you’re not sure if your heater meets these criteria, check the compliance plate on the heater.
The Environment Protection Authority also deals with complaints.
Owners with a 25% majority of unit entitlements and entitled to vote (those who are financial) can request a general meeting and propose a motion to rescind the decision of the EC.
An application to ACAT can also be commenced, but the process could take some time and require some preparation.
Below is the link to the ACAT website noting how to lodge documents etc: Presenting your documents – ACAT.
Ideally, it would be prudent to advise the EC that there are concerns relating to their decision, and that some owners wish the matter to go to the next general meeting.
This post appears in Strata News #803.
Jan Browne
Bridge Strata
E: jan@bridgestrata.com.au
P: 02 6109 7700
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