The question of strata maintenance responsibilities. Who maintains individual air conditioning units in strata? We’ve received the following questions from NSW Lot Owners. Leanne Habib, Premium Strata provides the following responses.
Question: What are the Strata maintenance responsibilities for the repairs of air conditioners when each unit has an outdoor air conditioning unit within the lot boundaries of each residence and not on common property?
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Our strata scheme in NSW self-manages the residents 6 properties.
One of our residents has asked for work to be done on the external air conditioning unit that services his townhouse. Each unit has an outdoor air conditioning unit within the lot boundaries of each residence and not on common property. The ducting and electricals are located within the ceiling space of each individual townhouse or single story unit.
What are the Strata maintenance responsibilities for the repairs of the air conditioners? Or are residents responsible for the repair/maintenance and replacement of their air conditioning units that are not on common property and are for the exclusive use of the resident?
Answer: The structure of the A/C unit sits within the cubic air-space of the lot and is, therefore, the responsibility of the individual lot owner.
Based on the information provided below, while the external units are technically attached to common property (because presumably the unit is installed on the external pavers/flooring which are usually common property), the fact is that the structure of the unit sits within the cubic air-space of the lot and is, therefore, the responsibility of the individual lot owner.
Also, as it appears that the wiring exclusively services each particular lot, then such wiring/ducting would also be the responsibility of the individual lot owner.
This post appears in Strata News #195.
Question: When it comes to strata maintenance responsibilities, who is responsible for maintaining an individual unit’s ducted air conditioning systems when their main components are located outside the Lot’s boundaries?
Who is responsible for maintaining an individual unit’s ducted air conditioning systems when their main components are located outside the Lot’s boundaries? Particularly when the external condenser unit and all Freon conduits are located within common property and the evaporation blower and ducting are wholly within the roof cavity (above the ceiling)?
Under what circumstances if any would a Strata make an application to replace or repair faulty or failing Air Conditioning hardware?
Answer: The test for determining whose responsibility repair & maintenance befalls is whether or not there is an exclusive use by-law registered.
The test for determining whose responsibility repair & maintenance befalls is whether or not there is an exclusive use by-law registered. That will in all likelihood stipulate that repairs & maintenance is the responsibility of the lot owner benefitted by the installation.
In the absence of such a by-law, the responsibility would lie with the Owners Corporation and the Air Conditioning lot owner could compel the Owners Corporation to replace or repair the failing Air Conditioning hardware (rather than vice versa as you suggest). The Owners Corporation is liable to repair everything on the common property unless an individual lot owner has consented to repair responsibilities via a by-law.
This post appears in Strata News #133.
Leanne Habib
Premium Strata
P: 02 9281 6440
E: [email protected]
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These articles is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.
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Have concerns about the maintenance of air conditioners in your building or something to add to the article? Leave a comment below.
Hi Leanne,
Does this apply to a/c installed (and paid for) by an individual owner?
Several of our townhouse owners have installed split-system air conditioners with their outside units on common property.
Some were fitted in the past 3 months but most predate the recent strata legislation changes.
For each case, would you be able to outline Owners Corporation responsibilities, if any.
Hi peter2
We have received the following reply back from leanne Habib, Premium Strata:
Generally speaking, in the absence of any by-law/resolution/registered memorandum to the contrary, anything on common property is common property and therefore the responsibility of the Owners Corporation. So, in all likelihood the external units installed on the common property will be the responsibility of the Owners Corporation and the internal components exclusively servicing the lot will be an individual’s responsibility.
Presumably, the Owners Corporation wishes to relieve itself of any responsibility for such installations. If so, the Owners Corporation may pass a special resolution under Section 106(3) of the SSMA 2015 that:
(a) it is inappropriate to maintain, renew, replace or repair the property, and
(b) its decision will not affect the safety of any building, structure or common property in the strata scheme or detract from the appearance of any property in the strata scheme.
Alternatively, the Owners Corporation could make application to NCAT for orders for removal of all the air conditioning installations (because they were installed on the common property without being granted exclusive use rights or any licence).
Please confirm when you state “on the common property” you mean that they have installed the external unit outside the boundaries of their lot (ie not within the courtyard in which case the unit sits within the cubic air-space of the lot).