Question: A lot owner installed a ducted air conditioning system in their unit without approval. We have not been able to resolve the matter. What happens now?
A lot owner installed a ducted air conditioning system in a top floor unit of a 3 storey without approval and without anyone’s knowledge. The condenser is in the garden, the wires run up the wall to the roof and the ducting is in the roof cavity. These 3 areas are all common property. The system is approximately $7000 without installation. The building was built in the 80s, there are no firewalls in the roof cavity.
An owner recently stayed at his ground floor unit and discovered the condenser hidden behind a bush on the wall under his window.
The lot owner who installed the air conditioning is the Chairman and is difficult to deal with. Other lots have air conditioning, but all condensers are on the balconies within the lot.
We have spoken with the strata manager and the chairman, but to no avail. They do not respond to enquiries on this topic. The air conditioning has not been disclosed to our strata insurer. What can we do?
Answer: The Office of the Commissioner for Body Corporate and Community Management provides a dispute resolution service.
Assuming the Body Corporate is classified as a Building Format Plan, there are a number of items that need to be considered with this matter:
- Although the air conditioner services one lot, the associated condenser and wiring have been installed on common property, therefore this would be considered an improvement to common property.
- An improvement to common property must be approved by the committee, however, if the cost exceeds $3,000 it must be approved by ordinary resolution at a general meeting.
- An improvement must not detract from the appearance of a lot.
- If an improvement increases the body corporate’s insurance premium, the benefitted lot owner may be required to contribute additional funds to the premium.
Unfortunately, it appears that due process was not followed and the appropriate approvals were not granted prior to the installation going ahead.
The Office of the Commissioner for Body Corporate and Community Management provides a dispute resolution service. It is always recommended that parties to a dispute make an effort to try and resolve this prior to taking further action. If self resolution has occurred and you are not receiving a response (as you have indicated), the next step would be to apply for conciliation through the Office of the Commissioner for Body Corporate and Community Management.
As part of this application, you will be required to provide evidence of self resolution, e.g., the emails you have sent the Strata Manager and Chairperson. The conciliation will involve an independent conciliator appointed by the Office of the Commissioner for Body Corporate and Community Management facilitating a meeting between the parties to the dispute in an effort to come to a positive outcome.
Application forms can be found on their website to start this process, but it may be worthwhile advising your Strata Manager that you are taking this step in one last attempt to receive a response.
This post appears in Strata News #605.
Jessica Beckett
SSKB
E: jbeckett@sskb.com.au
P: 07 5504 2000
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