Question: A resident in our small strata scheme recently installed an air conditioner outlet on the roof. The noise of the air conditioner can be heard in my unit, day and night. Can I request they relocate the A/C?
A resident in our small strata scheme recently installed an air conditioner outlet on the roof. The noise from the air conditioner outlet travels down my skylight into my bathroom and bedroom. If the air con is left on overnight, I can hear it cutting in and out all night. Can I request they relocate the air conditioner unit or fix the noise?
Answer: My first suggestion would be that you discuss the issue with your neighbour.
Under the Strata Titles Act, Section 29 states that a person must not carry out prescribed work in relation to a unit unless authorised by a special resolutions (a resolution that is passed at a properly convened meeting of the strata corporation at which the number of votes (if any) cast against the resolution is 25% or less of the total number of votes that could be cast at a meeting at which all unit holders are present and entitled to vote). Installation of an air conditioner falls under prescribed works, as it is generally altering the exterior appearance of the unit.
It is common for many Corporations to have “blanket approvals” which would allow owners to install air conditioners in a specific manner which has previously been agreed to. If your corporation has this approval in place, you should be able to see it in the Articles of your Corporation or past minutes. If the Air Conditioner has been approved by either way of Special Resolution or a blanket approval, you could speak to the owner about the noise concerns as it is interfering with your enjoyment of your unit. Schedule 3 of the Strata Titles Act 2 (d) sates that a person bound by these articles (any owner, resident, or visitor) must not interfere with others enjoyment of their rights in relation to units or common property.
My first suggestion would be that you discuss the issue with your neighbour to find out if the air conditioner installed has similar specifications to others that are already installed at your complex, meaning the noise of the unit when operating. There may be something they can do to lower the noise of the unit or see if it can be turned around so it does not affect you as much, and a simple conversation with the owner may help resolve this, or you could ask to speak to the installer who may be able to give you some advice.
If this fails, you still have a couple of options. Seek mediation or engage a contractor to see if they can assist you in installing any sound proofing to lower the noise level, and you may be able to discuss the costs of this with your neighbour as it may be a cheaper option for them than relocating the air conditioner.
If the air conditioner has not been approved, you should ask your committee or Strata Manager to contact the owner and ask that they have it removed, or moved to another area and seek approval in line with the Strata Titles Act.
This post appears in Strata News #612.
Carrie McInerney
Horner Management
E: carrie@hornermanagement.com.au
P: 08 8234 5777
Hi
I am in a villa of 4 in a managed complex in WA. I am seeking to change a front window into a door and window. The area is at the front of my villa and is visible to the other 4 villas, but is within my boundary line and is under my front porch.
I have plans drawn up and the local council have told me they are not structural and require no building permits.
I have contacted my strata company many, many times, but they have not got back to me.
Can I go ahead and change the existing window under my porch to a window and a door or do I need to persist with trying to get the strata manager to respond.
Many thanks
Hi Debs
This article will assist: WA: Q&A Unit Renovations, Improvements and External Appearance of the Lot
All the best with the renovations!