Question: To save electricity, the strata committee decided to switch off the ventilation system. The building now falls below the Australian Standards.
The strata committee chair has decided to switch off the fans that form part of the ventilation system for both the garage and the residential floors. Their view is that this will save electricity.
The air conditioning firm manager contacted me last week to inform and say that as a result of this economy the building falls below the Australian Standards. The committee dismisses this view. Is this a local council issue? Can a building be forced to comply with the relevant Australian standard?
Answer: Unless expert advice has been obtained that would permit the fans to be turned off, the committee is taking on serious liability.
In my view this is a breach of statutory obligations on the part of the strata committee and there is liability attached in the issue. These might be minor in their view, however the potential consequences that could come such as mould infestations or excess levels of poisonous gasses in the garage or other areas.
Unless expert advice has been obtained that would permit the fans to be turned off, the committee is taking on serious liability.
This post appears in Strata News #486.
Andrew Terrell
Bright & Duggan
E: Andrew.Terrell@bright-duggan.com.au
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