Air conditioning units

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  • 27/07/2011 at 3:12 pm #7533
    villageidiot
    Flatchatter

      Our building of eight lots was built in 1964.

      Sometime in the past, (I believe around 20 years ago), two previous owners installed those ugly external window mounted AC units of that era often seen throughout Asia and other developing countries.

      As they are installed on the windows can I assume they are on common property?

      A search of the strata records shows no mention at all, let alone of approval being granted, for these AC units to be installed as they are.

      Newer owners to the building including myself have commented on how unattractive they are and we would like to see them removed and or replaced with the newer less intrusive split system type. We have mentioned this to the current owners of the lots concerned but they say as they were there before they bought their lots they should not have to pay to remove/replace them.

      How can we resolve this situation? Given that there are no strata records showing they were approved to be installed on the common property in the first place, can we request the lot owners to remove them at their expense? Or is the body corporate responsible for the costs of removing them and/or replacing them with the newer type AC units given that they are already installed on common property?

      Basically, in any strata situation, are the current lot owners responsible for making good alterations and additions carried out by previous owners when those additions and alterations were not approved by the Executive Committee and/or documented in the strata records?

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    • 28/07/2011 at 6:12 am #13395
      Mr Strata

        Villageidiot,
        You have indicated that your SP was registered in about 1964, are the ac units installed in the balcony window structure?? Under the original strata act balcony wall, door and window structures were considered lot property (not common property). But this does not address the matter of compliance with the by-laws, being in particular appearance of a lot.

        From past experience at Fair Trading, you will need to mediate and then seek an order, but they are likely to issue an order, but this could involve the OC being made to pay for the work to correct the situation, as they had not acted sooner.

        28/07/2011 at 10:51 am #13401
        villageidiot
        Flatchatter
        Chat-starter

          Thanks for your reply. No the AC units are mounted on windows that are not on balconies, they are on the windows on the main front facacde of the building.

          So you think the owners corporataion would have to pay to have them removed? It is very strange that such work would ever have been granted approval, as it is so obvious that it has been done….and looks so terrible. Perhaps there was a verbal agreement to allow it.

          28/07/2011 at 11:52 am #13406
          Jimmy-T
          Keymaster

            Sam Goldwyn famously said verbal agreements aren't worth the paper they're printed on.  But then he didn't live in Strata in NSW.

            Sounds to me like Mr Strata is right about the visual aspect of the building being the key to having these removed.  The question of cost is interesting … if they were built into common property, with or without permission, then the OC would have to foot the bill now that the original installers have moved on. But is an open window (which is how these units have been installed) common property?  I'll leave the answer to than to those wiser than I.

            Personally, I would be looking at this as a big picture issue – you want your building to look better from the outside and you need, therefore, to establish a standard for air con installation.  Once you've done that, I would think it's perfectly reasonable for the OC to pay for the old air con's removal and let the individual owners pay for their own compliant installation.

            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.
            28/07/2011 at 12:55 pm #13405
            Whale
            Flatchatter

              I agree with Jimmy T – as the window-rattlers were installed so long ago, as there's no record of them ever being approved, and as they're fixed in some way to the Common Property, they too would be regarded as Common Property and as such, the Owners Corporation (O/C) is responsible for their replacement; if that's what it wants to do.

              When you evaluate split-systems, you'll find that there are some very cheap supply & install packages available. I've seen prices as low as $895 for back-to-back installs, which reminds me, whilst I don't know what floor the Units-of-concern are on, there are limits on the distance between the outside component and the component of the system that's mounted inside the residence.

              28/07/2011 at 5:49 pm #13409
              villageidiot
              Flatchatter
              Chat-starter

                Thanks for the tips so far. Striking a bargain with the owners and getting the OC to pay for the removal and the owners to pay to have the new systems installed might be a good idea.

                Jimmy T you mention that they were installed in an open window. Its actually worse than that, they have been installed by cutting out a square piece of the main pane of glass of the main windows on the front facade of the building and slotting them into that hole supported by a bracket that is bolted to the exterior brickwork! Unbelievable that it was ever approved, if it ever was, and if it wasn't approved, its beyond me why no other lot owner hasn't done something about it before now. Five of the eight units have changed hands in the past five years including mine, hence the 'new blood' in the building trying to do something about this. Prior to that there had only been one other person buy into the building since 1964.

                Just wondering, if the AC units are now regarded as common property, would that mean the OC would have to pay for them to be repaired if they broke down? That would be outrageous!

                29/07/2011 at 9:14 am #13410
                Whale
                Flatchatter

                  Yes the O/C would be responsible, and that reminds me, if the O/C goes ahead and replaces the window-rattlers it will need to create a Special By-Law to covering responsibility for for the on-going maintenance and repair of those, and how Proprietors (current & future) may install other such systems.

                  You must first draft the Special By-Law (plain English) that for example covers the following (obtain some legal advice):

                  1. That the maintenance, repair, and replacement of air conditioners installed at the time of registering the Special By-Law is the responsibility of the Proprietors of the Lots where those systems are installed

                  2. That from the date of registering the Special By-Law Proprietors must apply to the O/C for an approval to install air conditioners, and include the systems' details (dimensions, noise rating etc) and how the installation is to be made.

                  3. That all work must be undertaken by suitably licensed people

                  4. That operating times must comply with Local Council requirements.

                  5. That condensate must be properly connected in accordance with the requirements of Local Council

                  6. That any damage to the Common Property that occurs during, or subsequent to the installation is the responsibility of the Proprietor where the system is installed 

                  7. That all on-going maintenance, repairs, and replacements of the system/s is the responsibility of the Proprietor from time-to-time of the Lot (i.e. where the system's installed)

                  8. That where a Proprietor does not undertake required maintenance or repairs to their system, then the O/C will undertake those works, and Invoice the Proprietor for its costs.  

                  Special By-Laws must be resolved by a min 75% of Proprietors (by Unit Entitlement) at a General Meeting.

                  I hope all this assists. 
                  02/08/2011 at 10:23 pm #13447
                  villageidiot
                  Flatchatter
                  Chat-starter

                    Thanks to those who provided advice. We are still not sure how we are going to resolve this, as one (elderly) woman claims she has no money to replace the ugly window mounted AC unit with a newer split system type, even if the OC agrees to pay for the removal of the existing unit. We are wondering if we can write some sort of condition for new owners that stipulates that any new owner purchasing one of the two units affected agrees to have the window mounted AC units removed as a condition of purchase?

                    03/08/2011 at 2:36 pm #13451
                    Mr Strata

                      villageidiot,

                      I suggest talking to one of the great strata lawyers in relation to seeking an exclusive use by-law wording to this effect, bascily covering off on the requirement for those owners to replace the window mounted ac units at the end of their life (the ac units that is) with split style ac systems.

                      I believe that this should be enforceable…

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