› Flat Chat Strata Forum › New to strata – or just strata-curious › Who's responsible for old window-fitted air con units › Current Page
Andy wrote:
First step is to go through your by-laws as both your and the OCs obligations should be explained. Second step is to check legislation. Third step is to ask the strata manager or SC…which you seem to have done as permission has been granted.
I’m afraid this advice is a bit too general and non-specific to be of much help. What if the by-laws don’t mentions air-con units? And which part of the legislation do you suggest be checked?
In this case, if there is a by-law permitting the previous owner to install the air-con, then it should have a clause stating who is responsible for the ongoing maintenance of the air-con. If the by-law doesn’t state anyone is responsible, then it defaults back to the owners corp. If it says it is the lot owner’s responsibility, then you would pay for the removal and replacement.
If there is no by-law or if there is one and it passed responsibility to the owners corp, then they can decide whether or not they want to replece the units.
In that case, I think the best you could hope for would be that the owners corp wanted rid of the responsibility and so paid for the removal. More likely they will tell you you can do it at your own expense or they will agree to split the cost with you.
Realistically, I would think that’s your best hope. Negotiation and compromise are your best bet.