#82237
StrataChair
Flatchatter

    Just to be clear on the legalities of this. Per s111 of the SSMA (below), as soon as work affects common property, unless there is a pre-existing by-law that covers it in detail, it will need a by-law or approval through a special resolution.

    This is not a strata committee decision, it’s an owners corporation decision, to be made at a general meeting. And the terms of the request should be precise. A ‘letter’ seeking ‘retrospective approval’ is not a thing.

    It would be a good idea for the building to work out agreed guidelines on air conditioning installation and location, then embody those in a standard by-law so the rules are clear for all. You may be able to find a suitable by-law template on one of the online services, otherwise (ideally) have it drafted by a lawyer. Apart from appearance, sloppy aircon installations can create water ingress problems and compromise electrical safety (ask me how I know!). Insist on full details of all contractor licences and public liability insurance.

    Good luck!

     

    111   Work by owners of lots affecting common property

    An owner of a lot in a strata scheme must not carry out work on the common property unless the owner is authorised to do so—

    (a)  under this Part, or

    (b)  under a by-law made under this Part or a common property rights by-law, or

    (c)  by an approval of the owners corporation given by special resolution or in any other manner authorised by the by-laws.

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