Question: The body corporate has denied my application to install a wood heater in my townhouse. Is this reasonable?
I’ve applied to my body corporate for permission to install a wood heater in my townhouse. The heater will be compliant with Australian Standards and will be greater than 600mm from the nearest high peak within the complex. They have refused my application because of concerns about smoke pollution and nuisance to other properties. There is over 4 meters to my neighbouring property’s boundary. We back onto free-standing residential lots with wood heaters installed. Is this reasonable?
Answer: The body corporate must enforce its by-laws.
In this situation, you are probably looking at concerns around by-laws, nuisance and hazard.
The body corporate must enforce its by-laws. In your case, if they cannot be satisfied that your proposed ‘improvement’ would not contravene by-laws for your scheme, then it might be reasonable for the body corporate not to approve it.
Similarly, the body corporate may have concerns about the impacts of your wood heater causing a nuisance or hazard. A relatively recent case in Qld found, for the first time under strata caselaw in Qld, that second-hand smoke was a hazard.
Ideally, the body corporate would have some evidence to back up their concerns. Put another way: if the body corporate refused your request on the grounds of nuisance or hazard, they should be able to identify where that concern comes from. Have other owners, for example, raised concerns? In any event, you note you believe you have complied with some objective standards in this regard. If you cannot reach an outcome with the committee, your next option is to challenge their decision through the Commissioner’s Office.
This post appears in the May 2023 edition of The QLD Strata Magazine.
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Chris Irons
Strata Solve
E: chris@stratasolve.com.au
P: 0419 805 898
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