WA: Strata antennas and air conditioning units: Who is responsible for maintenance and storm damage?

This article discusses strata air conditioner antenna responsibility and how boundaries and insurance affect who pays for repairs.

Question: Does my antenna and the exterior part of my air conditioning unit belong to strata? Who is responsible for the maintenance?

Does my antenna and the exterior part of my air conditioning unit belong to strata? Who is responsible for the maintenance of these items? These two items were damaged in a storm, but my strata manager thinks it’s my responsibility to repair.

Answer: It will be dependent on where the boundaries are on this particular strata scheme, whether the boundaries go to the external surface plus attachments or if they are the internal surfaces of the walls, floor and ceiling.

There are two parts to this question. The first part will be dependent on where the boundaries are on this particular strata scheme, whether the boundaries go to the external surface plus attachments which would put it under Section 3 A B, or whether the boundaries are covered under Section 3 2 A where the boundaries of the strata lot are the internal surfaces of the walls, floor and ceiling, which would mean that the roof and the walls are common property. Regarding the air conditioning unit and antenna, unless there is a bylaw specifically giving the person exclusive use to have those items fitted to the building wherever the air conditioning unit is, that person would be responsible for their own maintenance. If it’s on a common property, then it might be the strata has to fix it.

The other part of the question relates to the insurance. Who has the insurance policy? If they’re all responsible for having their own separate insurance, then be up to their insurance policy. If it’s a one policy for the whole strata scheme, then it’s a strata insurance policy that the claim would need to be made through. Storm damage can cause electrical surges, fusion. The antenna could act as a lightning rod.

There are a lot of unknowns with that question but if there’s a policy for the whole strata scheme, the lot owner could make a claim against the strata insurance.

This post appears in the June 2022 edition of The WA Strata Magazine.

Shane White
Strata Title Consult
E: shane.white@stratatitleconsult.com.au