Question: My unit’s air conditioner condenser is in a locked room on common property. Who is responsible for the maintenance of the air conditioner?
My new unit’s air conditioner condenser is in a locked room on body corporate common property. Although I’m happy to service and maintain the condenser as if it is my asset, my contract doesn’t say I own it. I have Home and Contents insurance, but I am unsure if the air conditioner is covered, as it is not on my plan or Title. Who is responsible for the maintenance of the air conditioner?
Answer: Do the by-laws for your scheme reference ownership of the air conditioners?
Is it just your unit that has this, or are others in the same position? In terms of responsibility, check with your body corporate manager. However, you can also consult the BCCM guides on responsibility:
- Building format plan and building units plan maintenance
- Standard format plan and group titles plan maintenance
It sounds like you may be in a building format plan. If that’s the case, you are responsible for utility infrastructure (including equipment and associated wiring and pipes) that is on common property if it only services that lot and is a hot water system, washing machine, clothes dryer, air-conditioner, or similar equipment.
All three conditions must be met for it to be your responsibility. So:
- the item must be an air conditioner – yes
- it must be on common property – yes, from the description and
- it must only service your lot – probably, but we don’t know
If requested, the body corporate must give you reasonable access to the condenser to carry out maintenance.
If you are in a standard format scheme, the body corporate is responsible for utility infrastructure (like equipment, pipes and wiring) that is on common property, or in a boundary structure, or services more than 1 lot. Here, the condenser is on common property but it sounds like it only services your lot.
You may also need to consider the by-laws for your scheme. Do they reference ownership of the air conditioners? Your body corporate manager should be able to give you an answer, and you can cross-reference that against this information.
This post appears in the November 2024 edition of The QLD Strata Magazine.
William Marquand Tower Body Corporate E: willmarquand@towerbodycorporate.com.au P: 07 5609 4924