Dubious decisions of the CTTT

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  • 25/10/2012 at 10:05 pm #8514 Reply | Quote
    sarahs

      Hi Jimmy/Gurus/all

      A long story I will attempt to keep short by summary:

      1. A new owner in our t/house complex installs an air conditioner without EC approval (no prior notice) and places the condenser unit in an inappropriate position – visible from common walkways, up above common walls at the front of their t/house. This occurred in February 2012.
      2. Tradespeople were advised during installation by EC member that approval required to install anything into common property – verbally abused by tradespersons. Owners advised in person by another EC member that installation unapproved, that another owner who requested similar positioning was refused by EC, on basis of visibility to common walkways, potential noise and availability of other less visible positions for condenser (also applies to owner in question). Suggested to contact SM for EC approval, verbally and in writing.
      3. Owner contacted by SM – agrees to move unit, then rescinds this agreement without reason.
      4. Mediation yields no result despite owner being requested to provide alternate locations for condenser (same property already has 3 condenser units in acceptable positions out of view of all other t/houses and common walkways and properties)
      5. Proceed to CTTT in August 2012 – decision today in favour of owners who have installed unapproved air conditioner unit. The ruling states that ‘ …the applicant has not provided submissions as such, leaving it to the Adjudicator to draw his her own conclusions from the evidence…’

      It seems incomprehensible that this has occurred, or perhaps I am overly naive?
      Is there recourse to appeal this decision, to avoid our complex having air con units installed at will wherever an owner pleases? We don’t currently have a specific by-law for air cons – this will be tabled at an EGM next week, however there is a bylaw about affixing things to common property, which has clearly been breached.
      Has our SM submitted an ineffectual application to the CTTT?
      Any and all advice on how to proceed with this appreciated. I am an owner, and a recently retired Chair and EC member – it got the better of me!
      Thanks

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