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

indemnity in perpetuity

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?

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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?

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:

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.

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This post appears in Strata News #256.

Jamie Welbourne SMS Strata Management P: 1800 351 078 E: jamieW@smstrata.com.au

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