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[bcr83]

@Whale said:
bcr83 – the process of mediation in this case needs to be initiated by you (for $80), so if you’ve received a official NO to your request to install an air-conditioner in the manner and location that you prefer (and that’s an important point), then I’d suggest that you write to the Secretary of your Executive Committee and inform them that you intend to apply for mediation of the matter upon the expiry of 7 days from the date of your letter.

Then complete THIS form to commence the process, including preparing the arguments both written and visual that you intend to put forward in support of your point of view, bearing in mind that based upon my reading of your posts, your Executive Committee (E/C) hasn’t refused consent for you to install an air-conditioner, but has rather granted that consent based upon their interpretation of your Plan’s Special By-Law, about which you disagree on the grounds that its been inconsistently applied to past proposals and unreasonably applied to yours (?).

You may also find THIS information useful as an outline of what happens if mediation is unsuccessful, where as you’ll possibly conclude, your chances of having that air-conditioner installed at any location this year will be almost Nil; unless of course you decide to accept your E/C’s interpretation of that Special By-Law as an expedient means to fulfill your undertaking to your tenants.

There are other equally convoluted options available to you, but on my reading and interpretation of your posts, the one I’ve suggested is the one most appropriate.

Many thanks for the replies,

I’ve actually done some searching today an indeed come across the mediation details and the fact that it is a mandatory step within the process.

Thanks Whale, I have already informed my SM of my intent to go through a mediation process, would I need to take send anything else to advise?

You are correct in that they have not refused, only insisted it is placed on the balcony to avoid setting a dangerous precedence (originally it was because it was in line of sight of another lot) The inconsistency stems from their first issue with line of sight, I advised that I too can see a unit and ducting from my balcony on another lots balcony. 

The By law only states that it cannot be seen from the street or public areas bounding the strata scheme, I believe what I am requesting falls within the requirements of the by law.

As my unit has the only vacant internal facing wall in the building it is impossible for anyone else to install in such a position. Additionally if I install on the balcony the unit is visible as there are no louvers to cover and it is facing in the same direction.

I’ll do it by the book, if I can’t install the AC over the summer I may have to wear a rent reduction as it’s unfair on the tenants.

Plenty of good advice here, much appreciated. Currently in the process of putting the details together along with some images etc.

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