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
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