Question: We purchased a unit in 2015 with an installed air conditioning unit. The body corporate has informed us that the installation of the air conditioner is not compliant and they have instructed us to replace the system. Is this a reasonable request?
Answer: When you purchase the unit, you become responsible for all aspects of it.
It will probably depend on why the air-conditioner has been deemed non-compliant and what evidence has been provided for this. If the air conditioner is hazardous in some way – perhaps because it is a fire risk or if it is placed on the balcony in such a way as to allow people to climb on it and then over the edge – it may need to be removed or moved. However, if it is non-compliant because an application for its installation has never been completed, the body corporate would still be within its rights to request removal, but there may be more leeway for negotiation.
It’s important to note that when you purchase the unit, you become responsible for all aspects of it. So while the air-conditioner may have been installed by a previous owner, as the current owner, you are responsible for it.
As a next step, you might contact your body corporate manager or committee to ask for an explanation of why they believe the unit is non-compliant. You can also look through the historical records of the site to see if an application to approve the unit was ever completed.
If you disagree with the body corporate’s position then that is OK. You should write to them stating this and giving specific reasons – particularly reasons that address issues they have raised – and support these reasons with any evidence you may have.
This post appears in Strata News #558.
William Marquand Tower Body Corporate E: willmarquand@towerbodycorporate.com.au P: 07 5609 4924