My Mate Paul said ….. One thing doing it Whales way you not only need the motion to install the a/c approved by 75% but you then need the SBL to be approved by the same 75% as well. So skip the motion just submit a SBL for the a/c unit which saves having 2 votes.
To be clear, in NSW (assuming that’s where Marvin’s Plan is located) any change or addition to the Common Property needs the prior consent of the O/C by way of a Special Resolution taken at a General Meeting, and ONLY if the O/C then wishes to make the Owner seeking to make those changes or additions and subsequent Owners of their Lot responsible for the ongoing maintenance, repair, and replacement of whatever’s changed or added, is a Special By-Law necessary.
The O/C’s desire to shift its normal common property maintenance responsibilities to an Owner would depend upon what that Owner’s changing or adding to that property, but as I don’t envisage that Marvin’s O/C would want to accept those responsibilities for his aircon system and its points of attachment to the common property (wall), or to go through the Special Resolution / Special By-Law procedure for every similar request by other Owners, it makes sense for it to cover the costs of drafting and Registering a generic Special By-Law covering the installation of aircon systems at the Plan.
Such a Special By-Law (if) prepared by Marvin’s O/C would likely cover generic conditions such as the permitted location/s for the aircon systems, the screening of the outside unit and refrigerant pipework, max. noise levels, operating times, contractor access to the common property, times of work, licensed tradespeople, and responsibilities for on-going maintenance/repairs/replacement.
All that could be achieved by a single Motion worded such that the Special By-Law is conditional upon the aircon system’s installation being consented, or by two separate Motions; that latter being my preference if Marvin accepts my suggestion about the benefits of his O/C drafting and Registering a generic Special By-Law; or searching for one that’s already in place as Paul suggests.
Contrary to Paul’s assertion, the Motions put by Marvin could be as simple as:
“THAT it is Specially Resolved that the Owner of Lot X be permitted to install a XXX Brand XXX kW split system air conditioner, the technical specifications of which is attached, on the (aspect) wall of Lot XXX”
“THAT subject to the preceding Motion being carried and to avoid future requests of that type being put to General Meetings, the Owners Corporation Specially Resolves to draft and Register a Special By-Law to cover all relevant consent conditions for both the works by the Owner of Lot XXX and those applicable to any and all future requests for the installation of air conditioning systems by Owners at the Plan, at an estimated cost of $XXX.”
Doing things the right way in NSW isn’t as Paul suggests a bottomless pit (of $ or bureaucracy), but rather Special By-Laws in particular are a short-cut to ensure that from the first day they’re Registered, the matters that they address can handled smoothly, consistently, and expeditiously by the Executive Committee (i.e. no GMs).