Question: A ducted air conditioning unit on the roof serves only one lot. Is the lot owner responsible for the flashing around its roof penetrations?
I understand that individual owners are responsible for the flashing around roof penetrations for the ducted air conditioning package units they own. Is there a case or supporting opinion on section 129 of the Owners Corporations Act 2006 that confirms this?
Answer: There’s no reported case directly on point, but section 129 supports the view that flashing for an air conditioning unit serving one lot is that lot owner’s responsibility.
We confirm that section 129 of the Owners Corporations Act 2006 states:
A lot owner must –
(a) properly maintain in a state of good and serviceable repair any part of the lot that affects the outward appearance of the lot or the use or enjoyment of other lots or the common property; and
(b) maintain any service that serves that lot exclusively.
In the event that an air-conditioning unit and its flashing are contained on private property or only service the one lot, they are the responsibility of that lot owner. Whilst we are not aware of any reported cases which consider the flashing to roof penetrations around ducted air conditioning packages specifically, we are of the opinion that the application of this section is clear in that any flashing to the roof penetrations required for the installation of the air conditioning unit will form part of that lot owner’s responsibility.
This post appears in the November 2026 edition of The VIC Strata Magazine.
Deborah Andronaco
Aitken Partners
E: dandronaco@aitken.com.au
P: 3 8600 6000
Alexandra Cunningham
Aitken Partners
E: acunningham@aitken.com.au
P: 03 8600 6095
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