#12688
Jimmy-T
Keymaster

    Nat said:

    Hi There,

    We bought an apartment and would like to install the air-con. We put the approval form forward which was rejected. As we were explained if one of the owner is against our air-con unit on the common property wall – this will not go ahead. I would like to notice that there are already 2 air-con units installed on the common property wall and the second one was installed after we were refused to do so (as the permission was given incorrectly and they could not do anything about it).

     

    Would appreciate your advice on the above – whether this is correct if one owner is against – nothing is going ahead and whether based on the precedents set (2 air-con installed) – we can argue about it and install it even without approval from the Committe.

     

    Thank you

    Your EC can't allow a veto vote like that (unless there are only four units in the block). Special resolutions “only” require 75 percent of the vote.  In your situation, I would check that there is no detrimental impact on any other neighbour and no by-law that you would be breaking and then inform the EC that they have created a precedent by allowing the previous A/C installations.  If they aren't doing anything to have the other a/c units removed, then they can't reasonably prevent you from having yours.

    I would then try to get enough support from other owners to call an Extraordinary General Meeting at which you would present a motion for a special resolution to allow you to have  a/c installed.

    Failing that, I would take them to Fair Trading (Tel. 13 32 20) for mediation and then, if there's no resolution, to the CTTT for adjudication. Going ahead and just installing it without permission is a very tempting option but it could cost you financially and in terms of your relations with your neighbours if it all goes wrong and you are ordered by the CTTT to remove the a/c unit. 

    The CTTT need not recognise previous installations as a precedent, especially if your OC can argue that they are illegal although to be honest, the CTTT is a lottery these days and there's no predicting what they will decide.

     

    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.