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When we bought the apartment we were not aware the two story apartment had no cross ventilation or windows that opened upstairs. When its 22 degress outside our upstairs is 35. Warmer outside? Hotter Upstairs. Eventually we got air con installed. An EC member who refused permission for us to have it installed initially and has fought hard all the way has continously complained, citing noise issues. I have complied with all requests and have had the AC unit moved three times – all at my expense. Finally I had the whole thing completely relocated to the other side of the building to much expense just in order to stop the complaints. Except this EC member have continued there harrassement of this issue and want it removed permamently.
What should I do? Are buildings allowed to be built with no air vents. Upstairs has over a dozen fixed windows. Our neighbours have all had there windows replaced too windows that open. Everyone else on our level has Air Conditioning. I now rent the apartment out because I could no longer handle this EC member and their ongoing intimidation and harressement.
What should I do? Get a strata lawyer?
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No reasonable person could suggest that you haven’t done everything possible to appease your complaining Owner/EC Member.
Check the Consent that you originally received to install the air conditioner, and look for any conditions relating to times of operation and noise.
If your tenants are complying with those conditions and the normal requirements of the Protection of the Environment Operations Regulation (2008) where operation of air conditioners is generally permitted only between 7am-10pm Mon to Sat, and between 8am-10pm Sun and Public Holidays, then I’d do nothing other than to ignore the complaints.
However if you want to take the initiative, apply to the NSW Office of Fair Trading for Mediation of your dispute by completing and lodging this Form https://www.fairtrading.nsw.gov.au/pdfs/About_us/Forms/medform.pdf
I'd also be thinking about taking an AVO against this person. They are clearly working out some personal emotional crisis and you are their obsessive mind's target. An order to stay away from you and your tenants and to deal with you entirely through the EC (who can't be THAT compliant) might pull them up with a shock.
Have a look here. This Lawlink page says: “An AVO may be granted to stop or prevent behaviour amounting to stalking or intimidation, but falling short of actual physical violence.”
Even a lawyer's letter outlining what options, including an AVO, are open to you if they don't leave you alone might cool her jets. By the way, she is probably also breaking by-laws about behaviour on Common Property (if you have them).
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Thankyou Jimmy T and Whale,
Your advice is much appreciated. I thought the issue was resolved so I sent the strata manager a quick email just to get some feedback and I recieved further complaints. I know that we have done everything possible and I am not one to cause problems so your advice @Whale about 'ignoring' them is the best tactic I can employ.
If down the track this issue continues I am now armed with your advice to move forwards whether it be through fair trading an AVO or a lawyers letter.
Thankyou so much!
