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QLD: Q&A Who pays when rooftop air conditioners must be moved for roof works

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This article discusses who is responsible for costs when rooftop air conditioners must be removed and reinstalled during body corporate roof works.

Question: Who pays to remove and reinstall rooftop air conditioners when the body corporate carries out roof works?

The body corporate is undertaking significant roof maintenance that involves removing and replacing sections of the roof sheeting. Three owners have air conditioner condensers in the affected roof areas, and these units need to be temporarily removed so work can proceed.

Are the owners responsible for paying the costs of removing and reinstating their condensers, or should the body corporate cover these costs as part of the roof project? One owner has three condensers and has been quoted around $6,000, which feels like a lot to absorb personally.

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Answer: In most circumstances, the air conditioner work would be treated as part of the roof project.

The removal and reinstallation of the air-conditioning is only required incidentally to the roof works, such that it forms part of the body corporate’s obligation. The only way this would not be the case is if:

  1. the installations were unapproved; or

  2. the installations were approved, and a condition of approval was that owners would bear the removal and reinstallation costs when required.

Todd Garsden
Mahoneys
E: tgarsden@mahoneys.com.au
P: 07 3007 3753

This post appears in Strata News #774.

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About Todd Garsden, Mahoneys

Our clients include some of the largest bodies corporate in Queensland and northern New South Wales, but our experience spans from Perth to Port Douglas. With extensive experience in this area, we understand the body corporate industry and how it has changed due to the rise of apartment living. We also understand how individual body corporate committees function. The team are experienced in dealing with issues that arise in regard to community title schemes. We know the risks inherent in the process and are adept at dealing with all types of situations.

This gives our clients confidence that we will provide them with the best advice and advocacy in all body corporate and strata matters. Our lawyers have guided clients through all types of transactions and disputes in our years of practice.

Todd is a regular contributor to LookUpStrata. You can take a look at Todd’s articles here .

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