Enter your email Address

  • Home
  • What is strata?
    • Strata Legislation
    • What is Strata?
    • Strata Property Basics: Strata Owners Corporation
    • Strata 101: Strata title
    • Understand Strata Management with this Five-Minute Guide
    • Cracking the Strata Fees Code
    • Strata Finance
    • 2021 Updated Guide: Master the Art of Strata Insurance
  • Strata Topics
    • Strata Information By State
      • New South Wales
      • Queensland
      • Victoria
      • Australian Capital Territory
      • South Australia
      • Tasmania
      • Western Australia
      • Northern Territory
    • Strata Information By Topic
      • COVID-19
      • By-Laws & Legislation
      • Smoking
      • Parking
      • Noise & Neighbours
      • Insurance
      • Pets
      • Your Levies
      • New Law Reform
      • Maintenance & Common Property
      • Committee Concerns
      • NBN & Telecommunications
      • Building Defects
      • Renting / Selling / Buying Property
      • Strata Managers
      • Building Managers & Caretakers
      • Strata Plan / Strata Inspection Report
      • Apartment Living Sustainability
  • Blog
    • Newsletter Archives
  • The Strata Magazine
    • The NSW Strata Magazine
    • The QLD Strata Magazine
    • The VIC Strata Magazine
    • The WA Strata Magazine
  • Advertise With Us
    • Site Sponsors
    • LookUpStrata Site Advertising
    • Your Own Branded Newsletter
  • About Us
    • Testimonials for LookUpStrata
  • Help
    • Ask A Strata Question
    • Q&As – about the LookUpStrata site
    • Sitemap

LookUpStrata

Australia's Strata Title Information Site

Whitbread Insurance Brokers
Australia's Top Property Blog Dedicated to Strata Living
You are here: Home / Maintenance & Common Property / Common Property NSW / NSW: Q&A Indemnity in Perpetuity – Installation of an Air Conditioning Unit

NSW: Q&A Indemnity in Perpetuity – Installation of an Air Conditioning Unit

Published June 11, 2019 By The LookUpStrata Team Leave a Comment Last Updated December 7, 2020

Sharing is caring!

11shares

This Q&A about indemnity in perpetuity regarding the installation of an air conditioning unit in NSW has been answered by Jamie Welbourne, SMS Strata Management.

Question: When a lot owner is installing an air conditioning unit, can the Owners Corporation request indemnity against any damage caused to the building IN PERPETUITY?

GET NOTIFIED WHEN WE PUBLISH NEW Q&As, NEWS AND ARTICLES TO THE SITE

Can an Owners Corporation request that an owner indemnify the Owners Corporation against any damage caused to the building IN PERPETUITY in relation to the installation of an air conditioning unit that has been installed in compliance with the Strata bylaws?

Further, if such an indemnity is permissible would that indemnity pass on to a subsequent lot owner on the selling of the unit?

Advert NSW Mag Banner

Answer: Yes, but this would require a by-law approved by special resolution and the written consent of the relevant owners.

Yes, but this would require a by-law approved by special resolution and the written consent of the relevant owners under the STRATA SCHEMES MANAGEMENT ACT 2015 – SECT 141.

I recommended you seek out a solicitor to write and register the by-law usually at the lot owners cost. It should be written into the by-law that the current and subsequent lot owner/s are responsible for the Air-conditioning unit. It also recommended it include:

  • All works be carried out by a licensed and insured tradesperson/s
  • Any damage caused to common property during the installation of the air-conditioning condenser unit will be rectified at the expense of the owner of the Lot
  • The responsibility for the ongoing repairs, maintenance and replacement of the air-conditioning condenser unit remains that of the current and subsequent owner/s of the Lot
  • It is the owner’s responsibility to obtain local Council approval for all works prior to work commencing and to supply a copy of any approval the owners corp, if applicable
  • The air-conditioning condenser unit will always be kept in good, respectable order and repair
  • The Owner will indemnify the Owners Corporation against any liability caused by the undertaking the Work
  • Immediately upon completion of the Works, the Owner will restore all other parts of the common property affected by the Works as nearly as possible to the state in which they were immediately prior to the Works. The Owner will make good any damage to the common property caused as a result of the Works
  • Where the owner/s of the Lot fail or neglect to carry out any condition referred to herein then the Owners Corporation or its agents, servants or contractors may carry out such condition and may enter upon any part of the parcel for that purpose at any reasonable time on notice given to any occupier or owner /s of any part of the parcel and may recover the costs of fulfilling such condition as a debt from the Owner/s.

I don’t see any future problems if the By-law has been written up by a solicitor, approved at a meeting by the Owners corporation and registered correctly.

Embed

This post appears in Strata News #256.

Jamie Welbourne
SMS Strata Management
P: 1800 351 078
E: [email protected]

Read next:

  • NSW: Minor Renovations (eg Air Conditioner Installation) & Unreasonable Refusal
  • NSW: Q&A Does Strata Maintain My Air Conditioning Unit?
  • NSW: Installing Air conditioning Systems in Strata Since the Reforms

Strata Services Directory Looking for strata law specialist in your area? Search within our Strata Services Directory in the category NSW Legal Services for the best list of contacts available.

Visit our Maintenance and Common Property OR NSW Strata Legislation pages.

After a free PDF of this article as a strata neighbour noise resource? Log into your existing LookUpStrata Account to download the printable file. Not a member? Simple – join for free on our Registration page.

Have a question about indemnity in perpetuity regarding the installation of an air conditioning unit in NSW or something to add to the article? Leave a comment below.

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Search For Strata Articles

  • Advert Stratabox
  • StrataBox Advert
  • Advert: StrataLoans
  • Advert: StrataLoans
  • Advert: StrataLoans
Subscribe Newsletter

TESTIMONIAL

"The newsletter is very helpful and gives great guidance with commonly asked questions." Gayle, Lot Owner – November 2020
"I love your regular emails and now this fantastic magazine! Keep up the great work. " David, Lot Owner – August 2020

Quick Login

Log In
Register Lost Password

Categories

  • COVID-19
  • Ask A Strata Question
  • New South Wales
  • Queensland
  • Victoria
  • Australian Capital Territory
  • South Australia
  • Tasmania
  • Western Australia
  • Northern Territory
  • ByLaws & Legislation
  • Smoking
  • Parking
  • Noise & Neighbours
  • Insurance
  • Pets
  • Levies
  • Law Reform
  • Maintenance & Common Property
  • Committee Concerns
  • NBN & Telecommunications
  • Building Defects
  • Renting / Selling / Buying
  • Strata Managers
  • Building Managers and Caretakers
  • Strata Reports / Plans
  • Sustainability

Recent Comments

  • Bess Fowler on WA: Q&A What are the Strata Manager’s Duties and Do We Really Need One?
  • Tammy Tillman on NSW: Invasion of Privacy by CCTV Cameras
  • Frustrated with strata saying it's not their responsibility on NSW: Q&A Smoke Alarms in Strata Units
  • John on QLD: Q&A Can a Lot Owner Access Body Corporate CCTV Footage?
  • Liza Admin on QLD: Q&A Safety & Permissions for Car Park Storage
  • Liza Admin on QLD: Standard Module regulation changes – committee membership
  • Liza Admin on QLD: Q&A Appearance of Lot. What constitutes a breach?
  • William Marquand on QLD: Q&A Can I Access Body Corporate Records?
  • William Marquand on QLD: Q&A Exclusive Use Common Areas inc. Storage Spaces
  • Tyrone Shandiman on NSW: Q&A Are There Strata Laws Stopping Me From Gardening on Common Property?

WEBSITE INFORMATION

  • Privacy Policy
  • Terms and Conditions of Use
  • Terms of Use for Comments and Community Discussion
  • Advertising Disclosure
  • Sitemap

SCA Membership

SCA WA Membership

ASK A STRATA QUESTION

Disclaimer

The opinions and/or views expressed on the LookUpStrata site, including, but not limited to, our blogs and comments, represent the thoughts of individual bloggers and our online communities, and not those necessarily of LookUpStrata Pty Ltd. In all instances, information should not be taken as advice and independent legal advice should be consulted.

CONTACT US VIA EMAIL

Copyright © 2021 · LookUpStrata ® Pty Ltd · All rights reserved