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Sydney. I am the Chair of the SC. One of our owners wants to but in a split system air conditioner, which the regulations define as a minor work.
We passed a by-law at the 2020 AGM to cover minor works which clearly states “<b>”7. Approvals. </b>The strata committee may approve minor renovations under this by-law. To avoid doubt, the owners corporation delegates its functions under section 110 of the Act to the strata committee.”
Our SM now says “Even though there is a by law, the application itself still needs to be approved at a general meeting, usually paid for by the applicant.”
Can she possibly be correct?
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Hi there, In my limited experience, air conditioners have been called into question because of the noise they make. Depends on the building no doubt, and that may be the reason for a general meeting. I know of people who have been refused. Best luck with it anyway.
I really can’t see why the strata manager is saying this. The Act allows for by-laws just like this one, unless there is some other issue like structural changes or something to do with the electricity supply that would impact on the rest of the building in a way that goes beyond a minor renovation.
In any case, the Act allows the committee, with its delegated powers, to establish reasonable conditions on the installation.
Your strata manager should be asked to check with her superiors … unless she’s from one of theses companies that sets out to pump up their Schedule B charges wherever possible, in which case a general meeting would be a “nice little earner.”
Just ask why she’s not following the law. She must have some good reason or you can just go ahead and make the decision at committee.
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