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  • #8514

    Hi Jimmy/Gurus/all

    A long story I will attempt to keep short by summary:

    1. A new owner in our t/house complex installs an air conditioner without EC approval (no prior notice) and places the condenser unit in an inappropriate position – visible from common walkways, up above common walls at the front of their t/house. This occurred in February 2012.
    2. Tradespeople were advised during installation by EC member that approval required to install anything into common property – verbally abused by tradespersons. Owners advised in person by another EC member that installation unapproved, that another owner who requested similar positioning was refused by EC, on basis of visibility to common walkways, potential noise and availability of other less visible positions for condenser (also applies to owner in question). Suggested to contact SM for EC approval, verbally and in writing.
    3. Owner contacted by SM – agrees to move unit, then rescinds this agreement without reason.
    4. Mediation yields no result despite owner being requested to provide alternate locations for condenser (same property already has 3 condenser units in acceptable positions out of view of all other t/houses and common walkways and properties)
    5. Proceed to CTTT in August 2012 – decision today in favour of owners who have installed unapproved air conditioner unit. The ruling states that ‘ …the applicant has not provided submissions as such, leaving it to the Adjudicator to draw his her own conclusions from the evidence…’

    It seems incomprehensible that this has occurred, or perhaps I am overly naive?
    Is there recourse to appeal this decision, to avoid our complex having air con units installed at will wherever an owner pleases? We don’t currently have a specific by-law for air cons – this will be tabled at an EGM next week, however there is a bylaw about affixing things to common property, which has clearly been breached.
    Has our SM submitted an ineffectual application to the CTTT?
    Any and all advice on how to proceed with this appreciated. I am an owner, and a recently retired Chair and EC member – it got the better of me!
    Thanks

Viewing 8 replies - 1 through 8 (of 8 total)
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  • #16994
    Jimmy-T
    Keymaster

      You are not alone! My own EC was defeated in an almost identical case by failing to provide enough of the right paperwork in a clear-cut issue of a by-law breach.
      The problem here is the process which allows for a initial adjudication based on written material only. So we get these jumped up failed solicitors making rulings based on nothing more than what they read and understand – which is often limited in itself – without either side able to correct any misapprehensions.
      Appeal and you or your strata manager will be able to present a case in person at a hearing where there is a much better chance of common sense prevailing. This system is so fundamentally flawed that there is a very, very good chance that it will be swept away in the next review of strata law.
      Meanwhile, we have to live with a system where the wackiest clowns of the CTTT make bizarre rulings based on a picket-fence attitude to property, rather than a sense of what the majority of a community wants. The sooner the paper adjudication goes and some of these paper shuffling simpletons can be put out to pasture, the better.
      I have to say,though, in our case it doesn’t help that a couple of dominant members of our EC are running a covert agenda to have air-con allowed into the building.

      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.
      #16995

      Thanks Jimmy.

      To say its frustrating is a gross understatement, however we could spend days and weeks lamenting the failings of the current system Smile

      I will certainly be asking the current EC to appeal this decision, otherwise we will potentially have all townhouses with condenser units and goodness knows what else hanging from every visible wall, and those who have spent time in cities overseas know what that looks like!

      #16996
      Jimmy-T
      Keymaster

        That’s the smart move. Appealing against the decision is a no-brainer and just part of the process to get the right decision made. Meanwhile, I would get a by-law about air-con drawn up so you can prevent the spread of them you so rightly fear.

        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.
        #17002
        Anonymous

          @JimmyT said:

          ……. So we get these jumped up failed solicitors making rulings based on nothing more than what they read and understand ……
          Meanwhile, we have to live with a system where the wackiest clowns of the CTTT make bizarre rulings based on a picket-fence attitude to property…….

          I wish to alert the Moderator re possible abusive postings from the member JimmyT

          #17003
          struggler
          Flatchatter

            With every posting n this forum I am belong disillusioned with the illusion of living in strata. Is an owner can change the exterior of their townhouse with the installation of air conditioning, and this is given the stamp of approval by the CTTT then what’s the point. Let them change the front door, the garage door, the colour of the paint outside.

            I wonder if any of the people who make decisions regarding strata actually live in strata. It would affect how one would see the circumstance of a complaint if one did not actually live in the same conditions. An air conditioning unit at the front of a house is totally different from an air contiioning unit at the front of a townhouse. Perhaps the ruling of the CTTT would be better if those making the decisions actually lived in similar circumstances.

            And again I ask, what’s the point of strata by laws regarding common property if when someone makes an unauthorised change, the ruling is in favor of those who make that change. Im sorry but I was under the impression that if you changed common property or the appearance of it without permission you had to return it to its original appearance. It should be cut and dry. You can’t change what you don’t own. And if one changes all would be allowed to make similar changes. And if those who were assigned the power to make such decisions lived in a complex and could see how it would affect the appearance of their home, perhaps the outcomes would be different.

            #17004
            FlatChatFan
            Flatchatter

              Sarahs does your local Council have a law about visibility of air con units?

              When I bought my villa I was told that air con units are not able to be visible from the street because of Council laws.  We are also not allowed to use air con between 10pm and 7am.

              Currently most units are on top of garage roofs, but, when they need replacing they have to be hidden.

              Maybe that could apply in your local government area?

              #17006

              As a follow-up to my original post on this, I have now seen the full document on the ruling which the EC received from the CTTT. It is the cause of much hair-pulling, hand-wringing and defeatism about the prospects of long-term strata living. The Adjudicator clearly acknowledged that a by-law had been breached, however made their ruling to dismiss the application ‘On the balance of convenience….’. Whose convenience? Obvioulsy not the 25 remaining reisdents in our complex. PThe notion that the the aircon unit is visible to other residents was dismissed, despite submission of photos from a common walkway clearly demonstrating this.
              Struggler, I’m with you. What is the point of by-laws if the decision-makers choose to ignore breaches which affect others?
              However, despite my extreme despondency about this, the appeals process seems like the only chance we have to get somebody to see reason and actually consider the facts of this situation, rather than form their decision on baseless and inaccurate assumptions. Here ‘s hoping……..

              #17009

              Thanks FCF – from looking around my local area, I highly doubt that’s the case, however a good suggestion. A lot of the townhouses in our complex do have air con (me included) however the other units are out of sight and approved prior to installation by the EC. We are not opposed to air con, just when it is placed in full view at someone’s front door for all to see. The irony is that if they had placed the unit on the ground to begin with, it would not be visible at all to anyone, as our walls and fences are quite high. The issue of by-law breach would still stand, however the ire of the EC would not have been provoked.

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