#73279
Jimmy-T
Keymaster

    You are on shaky legal grounds, I think. The Owners Corporation has authority over common property only, and in the case of installing an AC that would likely mainly involve a couple of holes through the walls for the pipes and electric cables.

    As I have noted in the other aircon thread, in NSW balconies are common property and the owners corp can decide what is and isn’t allowed on them.

    There are other errors in this post.  Of course, committee members can communicate with individual owners, although, as you say, they can’t make demands or issue rulings individually.

    Also, installing aircon is only listed as a minor renovation in the regulations if it is a reverse cycle system. So what does that say about non reverse cycle air con? Here’s an extract from the Regulations

    28 Minor renovations by owners
    Work for the following purposes is prescribed as minor renovations for the purposes of section 110 (3) of the Act:
    (d) installing a reverse cycle split system air conditioner,
    Note. The work prescribed by this clause is subject to the requirements set out in section 110 (7) of the Act, including requirements that it does not involve structural changes, changes to the external appearance of a lot or waterproofing.

    Section 110 (7) says the minor renovation clauses don’t apply to work that changes the outward appearance of the lot. You may also have a look at Section 108 which requires some changes to common property to have by-law approval.

    And even if it is a minor renovation that doesn’t require a by-law – which is far from clearcut – there are still processes that have to be followed and permissions that must be obtained, as per section 110.

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
    • This reply was modified 6 months, 4 weeks ago by .