[The Dawdells]

Just wondering if Whale or anyone else knows where I can find documents to back this up:

It seems to me that this is a great example of an instance where a Proprietor (either past or current) has, by the installation of an air-conditioner without the prior consent of the Owners Corporation (O/C), effectively added to the Common Property.

[The Dawdells]

And the reply…

This matter is far from my role as a strata manager.  As the air conditioner is the lot owners property, it should not involve the strata manager or any other member of the owners corporation.  In addition according to the limited minutes that we have the air conditioner has not been approved so is currently an illegal attachment.

While I have not said that we would not take this up with the gardener it is not our responsibility to peruse recovery of a lot owners expense.  Now that we have a copy of the invoice I contacted who advised that it is very difficult for you them to cut the grass around this equipment due to height of the grass given that is maintained very infrequently and is not prepared to accept liability for the repairs.

As indicated before this is not the strata’s responsibility to reimburse you for the costs.  If you would like it to be considered at the next general meeting I will put the invoice aside for the next meeting.

[The Dawdells]

Thanks for your feedback everyone. We’ve had the air con fixed now, and I’ve forwarded the invoice onto the strata manager. In the interest of completeness, here’s the email I included with it:

Hi ,

I don’t understand your reticence in chasing up this matter as it seems to me that doing this would fall within your duties as strata manager.

The issue here is not so much one of liability or negligence, but of the existing relationship between the strata plan and the gardeners. You, as the strata manager, organised them to come on the property and you should also be responsible to chase up any associated problems, whether they be how they perform their duties or any other issues, such as this, that may arise.

With regards to the payment of any associated costs, I would assume that they should be covered by the gardeners or their insurance once this damage has been broached with them. In the meantime, it would seem that the burden of the cost should fall on the strata. As you pointed out, there has not been a decision made on the responsibility of owner property on common property. As I understand it, until a by-law is passed, any such equipment, including all air-con units, external vents, etc are the responsibility of the strata.

I have attached a copy of the invoice totalling $197.07, which I would like you to forward on to the gardeners. Please note that in the Report section , it specifies that the problem originated from damaged (cut) thermistors, and that the damage coincided with the gardeners’ visit last week.

[The Dawdells]

Ok, here's the response from our strata manager…any thoughts?:

I understand your concerns however there is no obligation on the owners corporation to repair or replace items that are damaged as a result of a contractor regardless of who engaged them.  There is no negligence or liability on the part of the strata plan.

 

A similar scenario could be if a contractor engaged to undertake work at the building accidently hit one of the owners vehicles, there is no liability on the owners corporation or the owner who engaged them.

[The Dawdells]

That's great to hear – now I just need to convince him of that 🙂

[Author]

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