Re: Air conditioning units

Yes the O/C would be responsible, and that reminds me, if the O/C goes ahead and replaces the window-rattlers it will need to create a Special By-Law to covering responsibility for for the on-going maintenance and repair of those, and how Proprietors (current & future) may install other such systems.

You must first draft the Special By-Law (plain English) that for example covers the following (obtain some legal advice):

1. That the maintenance, repair, and replacement of air conditioners installed at the time of registering the Special By-Law is the responsibility of the Proprietors of the Lots where those systems are installed
2. That from the date of registering the Special By-Law Proprietors must apply to the O/C for an approval to install air conditioners, and include the systems' details (dimensions, noise rating etc) and how the installation is to be made.
3. That all work must be undertaken by suitably licensed people
4. That operating times must comply with Local Council requirements.
5. That condensate must be properly connected in accordance with the requirements of Local Council
6. That any damage to the Common Property that occurs during, or subsequent to the installation is the responsibility of the Proprietor where the system is installed 
7. That all on-going maintenance, repairs, and replacements of the system/s is the responsibility of the Proprietor from time-to-time of the Lot (i.e. where the system's installed)
8. That where a Proprietor does not undertake required maintenance or repairs to their system, then the O/C will undertake those works, and Invoice the Proprietor for its costs.