Question: I installed two air conditioning units for my apartment without approval. The owners corporation has insisted I move the external units to an unworkable location. Can they insist on this?
I live in an 8 unit, 2 story apartment complex. I installed two external air conditioning units outside my unit on the first floor prior to owners corporation approval.
The owners corporation has stated they want me to move the external section of the air conditioner. The spot they have indicated is not a viable option as per various air conditioner technicians.
Can the OC reasonably request this change and prevent me from providing heating and cooling to my own unit?
Answer: We recommend you obtain one or two contractor’s reports to support your proposal.
The owners corporation model rules allow it to regulate the exterior appearance of a lot (even if it is private property). That said, an owner could obtain a written consent from the owners corporation to instal air conditional units and must not unreasonably withhold consent. We recommend you obtain one or two contractor’s reports to support your proposal. That would likely compel the owners corporation to favourably consider your proposal. We wish you luck with your consent application to the owners corporation.
This post appears in Strata News #571.
Rochelle Castro
RC & Co Lawyers
E: law@rccolawyers.com
P: 1300 072 626
Good morning
Thank you for providing the above advice via google search.
I have an ongoing dispute with my Owners Corporation.
In short, I sought OC advice on where to install a new split system to comply with the new minimum standards for rental properties in August 2023.
I called for quotes via my agent.
All 3 quotes advised that the OC’s preferred location was too small and any installation would void the warranty due to lack of clearance around the unit(s)..
Repeated requests were put to the OC manager and eventually I was faced with the decision to wait further for the OC to respond (7 months had already passed) and lose $600 per week (rent) because the new minimum standards can lead to very high fines for agents and landlords or do my own research with the Port Phillip Council heritage advisor, building surveyor and town planner, and also CAV Victoria and the Victorian Building Control Commission and follow their advice.
I chose the latter and completed the process twice, several months apart. All auth0rties concurred that the OC was being difficult /obstructive.
I authorised the installation of the air conditioner in an alternate location (endorsed by the authorities), also in the stairwell and submitted the electrical certificates to the OC. A week prior to the installation I contacted the OC and gave them one more opportunity to offer an alternative location but their was no response.
A notice to comply was served several month later.
I have since been advised by an OC committee person that the practice of the OC to require all air conditions to be installed in a cluster at the head of the stairs was continued/enforced with the knowledge that the clustering effectively voided all warranties due to lack of clearance (for maintenance and air circulation)
I would be grateful for contact from one of your lawyers or para legals with advice on my options.
Regards
Malcolm Ramsay