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Hi there, I’m new to strata and have just purchased an investment property in NSW. The unit has two of those old style air conditioning units fitted to a loungeroom window and a bedroom window, obviously installed by the previous owner or the one before – window glass has been removed and it would be one of the most horrendous DIY jobs I’ve ever seen.
Have spoken to strata and have obtained approval to have the air conditioners removed and the windows repaired but wanted to ask my first newbie question – who pays?
Think I know the answer (sob) but wanted to put it to the group and would really appreciate any advice, similar stories etc re windows & airconditioners if you have had experience with them.
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First step is to go through your by-laws as both your and the OCs obligations should be explained. Second step is to check legislation. Third step is to ask the strata manager or SC…which you seem to have done as permission has been granted.
Andy wrote:
First step is to go through your by-laws as both your and the OCs obligations should be explained. Second step is to check legislation. Third step is to ask the strata manager or SC…which you seem to have done as permission has been granted.
I’m afraid this advice is a bit too general and non-specific to be of much help. What if the by-laws don’t mentions air-con units? And which part of the legislation do you suggest be checked?
In this case, if there is a by-law permitting the previous owner to install the air-con, then it should have a clause stating who is responsible for the ongoing maintenance of the air-con. If the by-law doesn’t state anyone is responsible, then it defaults back to the owners corp. If it says it is the lot owner’s responsibility, then you would pay for the removal and replacement.
If there is no by-law or if there is one and it passed responsibility to the owners corp, then they can decide whether or not they want to replece the units.
In that case, I think the best you could hope for would be that the owners corp wanted rid of the responsibility and so paid for the removal. More likely they will tell you you can do it at your own expense or they will agree to split the cost with you.
Realistically, I would think that’s your best hope. Negotiation and compromise are your best bet.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
If you obtained approval to remove the air conditioning units, then it must have been considered by the Committee at the very least. What did they say? From what you have said it is likely they have assumed you will be bearing the expense. It also sounds like you are removing the air conditioners and reinstating the windows, is that correct, is that what you have received approval to do?
If it was a bad DIY job it is highly likely that the person who did it didn’t get permission. If they did get permission, then as Jimmy says there may be something in the by-laws or the records indicating who is responsible. If no permission was given then it is arguable that you could require the OC to reinstate the common property (assuming the windows are common property).
However, you bought the property knowing that the hideous installations were there, and I suggest it would not be a wise move to say to the OC that they should pay for what you are doing. On the plus side, if it is an investment property you can include it in your tax.
Apologies, I omitted to type the most important piece of information making my post useless. Anyway picked up by Jimmy being whether there is an air con bylaw in the first place.
Reference to legislation (and checking bylaws) meant to do some homework first.
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