Question: When applying for an air conditioning unit approval, I received an ordinary air conditioning resolution sheet. Some of the conditions sound unreasonable.
When applying for an air conditioning unit approval, I received an ordinary air conditioning resolution sheet.
Two conditions on the form concern me. One states that each lot can only have one air conditioning unit. This sounds unreasonable to me. Can I argue against this as I’m in a top floor apartment and it gets very hot under the tin roof?
Another condition states that the condenser unit can only be placed in the basement, however, our block has no basement.
Answer: The committee is entitled to approve your installation with reasonable conditions.
I’m not sure what an ‘ordinary resolution air conditioning sheet’ is. For the purposes of this response I’m going to assume it is guidance provided to you by your body corporate manager or committee about the approval process for your air-conditioner.
The committee is entitled to approve your installation with reasonable conditions. If there is no basement in which to place your condenser, then it’s just about impossible to see how that condition is ‘reasonable’ and I would suggest you discuss with the committee – this may be a typo, for example.
On the issue or 1 or more air-conditioners, if this is just a ‘policy’ of the committee then that’s problematic as blanket rules or policies are generally not reasonable. Every case must be considered on its merits. If you want more than 1 air-conditioner then you might like to obtain the quotes and provide details about how that will work and where the condensers will be placed, so that your request can be properly considered. It then also depends if you are proposing the condensers be on common property or not and whether they are going to breach by-laws or nuisance provisions.
Ultimately you’d need to go through the process of seeking approval and if it is knocked back or conditions are unreasonable in your view, you can challenge that through my former Office.
This post appears in Strata News #487.
Chris Irons Strata Solve E: chris@stratasolve.com.au P: 0419 805 898