Reply To: Unauthorised AC unit Installation

@Flatchatty, You can initiate mediation / NCAT proceedings yourself.  You don’t have to wait for a strata manager or Strata Committee to do it on behalf of the owners corporation.  The application forms are on the Dept of Fair Trading’s web site.

The strata manager is wrong for these reasons:

1. It is their job to know the Strata Schemes Management Act 2015 (NSW).
2. Section 110 does not apply to this air conditioner.  Read Section 110.  There is a list of things that comprise “minor renovations”.  There is a second list of things you can find in the Strata Schemes Management Regulation 2016 Section 28 which are also “minor renovations”.   Reverse cycle split system air conditioner is in the list.  However, SSMA 2015 Section 110 paragraph 7 lists what is NOT a minor renovation.  7(b) “Work involving structural changes” and 7(c) “Work that involves changing the external appearance of a lot …“.  It can’t be clearer than that.  If the air con was not visible from outside the lot (e.g. in a rear courtyard), this would be a section 110 minor renovation.

The owner with the air conditioner is wrong for these reasons:

1.  The strata manager does not approve an air conditioning installation.  It must be approved by the owners corporation.
2. The strata committee does not approve an air conditioning installation if it does not comply with Section 110 of the SSMA 2015.  It must be approved by the owners corporation via special resolution.
3. The “defect committee”, whatever that is, does not approve an air conditioning installation.  It must be approved by the owners corporation.
4. A general meeting of ALL OWNERS must be held to approve the air conditioning installation.  As far as I can tell, this has NOT happened.  You should contact all the other owners and find out what they think of that air conditioning installation.  It would be wise to find out who would vote to approve / disapprove the installation before a meeting is held.

If you are an owner, you can apply to Dept of Fair Trading for a free mediation session.  You can also apply to NCAT for a hearing.  The NCAT application form is downloadable.  It lists all the orders you can request the NCAT member to make.  You can request an order to have a strata committee removed.  You can request an order to have the air conditioning system removed.  You can request an order to remove the strata manager too.  For each request the form indicates what evidence you need to gather and whether they want you to seek mediation beforehand.

You seem to be very frustrated that the strata committee and strata manager are not doing anything about the installation.  They are trying to pull the wool over your eyes.  Keep all your correspondence.  You can show NCAT that you have tried to point out the illegality of this installation and what the response was.

Earlier in this thread, there was mention of Cumberland Council.  Have you spoken to someone there about this?