Question: A lot owner had approval from the committee to install two air conditioners. On installation, the units were placed in different locations to the submitted application. What can the committee do?
An owner had 2 air conditioners approved at an AGM but contractors didn’t install them based on information and pictures submitted. The inside unit was installed on a shared wall which wasn’t approved. Only one inside unit and one condenser was installed as per committee approval. What does the committee do in regard to this?
Answer; Check the minutes to verify just what approval was given.
Firstly, check the minutes to verify just what approval was given. Was the motion worded ambiguously, for example, and might lead the owner to think they could install the way they have?
Assuming no to the above, then the committee should be notifying the owner the installation is not what is approved and requiring rectification to what was approved, as the committee is obliged to carry out the decisions made at an AGM. The owner may have to seek retrospective approval for what they’ve installed.
Ultimately if the installation is not rectified to what was approved at the AGM (e.g., the owner refuses to rectify), then the body corporate can commence dispute resolution proceedings against the owner in my former Office. The committee might want to also seek legal advice about its options in this matter.
You might also want to have a look at the very recent webinar we did about air-conditioner installation
This post appears in Strata News #502.
Chris Irons
Strata Solve
E: chris@stratasolve.com.au
P: 0419 805 898
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