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Posted 30 May 2022
Category: Strata, Renovations
Issues concerning installation and maintenance of air conditioning systems are a common source of disputes in strata schemes. There are a number of reasons for this, but the major problem is the answer to questions like “what approvals do I need to install equipment” and “who is responsible for maintenance of the equipment” depend on circumstance, preventing schemes from adopting a “one size fits all” solution.
The most frequent questions we encounter are:
This will primarily concern the lot owner, but the choice may impact on the building and have broader implications. In some cases, a portable unit will suffice. In other cases, something more substantial will be required, possibly requiring use and/or alteration of common property areas. In these cases, the lot owner should consult with the scheme’s strata manager or strata committee before making a formal proposal.
This will depend on the equipment, but installation of equipment in common property areas may have impact on amenity, so again the lot owner should consult with the scheme’s strata manager or strata committee before making a formal proposal.
Installation of air conditioning equipment may be exempt development and not require development consent if certain conditions are met, including for residential premises, where the equipment:
This is not an exhaustive list and is not universally applicable, e.g. different rules apply for heritage, commercial and non-residential properties, so owners may need to consult with the supplier or a suitable consultant.
Normally, owners corporation approval will be required if there is to be any alteration to or use of common property. However, there are some special cases:
When the equipment will be situated in common property areas, including airspace, a common property rights by-law will be required.
A by-law may also be required if the installation of equipment requires changes to common property, such as drilling of holes on walls for piping and fixings.
Yes, but this requires a special resolution and the written consent of the relevant owners. This can be a good opportunity to establish permitted equipment and siting and to allocate maintenance responsibility. However, obtaining the written consent from each owner is usually impracticable.
Yes, but this also requires a special resolution and the written consent of the relevant owners.
We have considerable experience with these issues and our North Sydney strata by-law lawyers can assist if you are having difficulties with them.
***The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.
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