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Our next door neighbour has a heating unit installed along his wall on common property (a pathway) outside his flat. It has been there for at least 20 years. He has recently been informed that it is not allowed and he must remove it within 28 days. What are his rights in Vic?
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Not sure in Victoria. In the ACT (and you might have something similar to look for) the EC can approve ‘minor uses’ of common property if they are ‘unlikely to unreasonably interfere with the reasonable use and enjoyment of the common property’. Examples in the Act include air conditioners and awnings. If the air conditioner is in an unobtrusive location, neither unsightly nor blocking any access, then the EC (in the ACT, perhaps in Vic also) could resolve to give approval. Non-minor uses of common property requires a ‘special privilege’ to be granted to the unit owner at a general meeting. Again, you might have something similar.
Assuming there are no safety or insurance issues, I think it would depend if the heater existed when the strata plan was first registered. If it didn’t, OC permission would have been needed before it was installed. And if OC permission was not given, the OC can have the heater removed from common property. If the current lot owner installed the heater that owner would have to pay for the removal and restore the common property, else it would be an OC expense.
Even installing an air conditioner on common property needs OC permission as this VCAT decision shows: https://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/vic/VCAT/2013/933.html?stem=0&synonyms=0&query=conditioner%20and%20%27owners%20corporation%20list%27