#25827
Lady Penelope
Strataguru

    The installation of an air conditioning unit on the Common Property needs careful consideration. Is there no where within the confines of the Lot that the owner can place the external air conditioning unit e.g. on the balcony of a Lot or within their Exculsive Use area?

    A warning about air conditioners on rooves (based on first hand experience of a strata scheme in a coastal location):

    the brackets can cause the common property roof (if it is a metal roof) to rust which can cause significant problems with who is responsible to repair the damage; and

    vibration can be a problem that transfers to whole building if the a/c has not been installed correctly; and

    access can be problematic.

    I would recommend that the external compressor not be placed on the roof if at all possible.

    If the air conditioner is being placed on common property there are a number of steps that must be taken, all of which will require a special resolution at a General Meeting. 

    Under current legislation there are two resolutions–one to allow the owner to do works (section 65A) and one to adopt a by-law. The by-law is only required if the lot owner is to take the obligation to maintain the affected common property.

    The by-law can be of the kind referred to in section 65A(4). 

    Section 65A(4) states:

    A special resolution under this section that allows an owner of a lot to take action in relation to certain common property and provides that the ongoing maintenance of that common property after the action is taken is the responsibility of the owner has no effect unless:

    (a) the owners corporation obtains the written consent of the owner to the making of a by-law to provide for the maintenance of the common property by the owner, and

    (b) the owners corporation makes such a by-law.

    Creating a by-law can be expensive as they are often best drawn up by a solicitor that deals in strata law. Who will pay for this: the owners corp – or the owner who wishes to install the a/c on common property?

    The lot owners ultimately bear responsibility for ensuring that air conditioning units operation in accordance with scheme by-laws and statutory provisions. 

    If you are in NSW you may find the following Booklet useful: 

    https://www.epa.nsw.gov.au/resources/noise/20130127NGLG.pdf

    It contains a section on Strata Schemes (see Clause 1.4.2).

    See also:

    Protection of the Environment Operations (Noise Control) Regulation 2008

    ‘domestic air conditioner’ means a split or packaged mechanical system: (a) that is capable of controlling air temperature and distribution and that may also control the humidity and cleanliness of the air, and (b) the nominal cooling capacity of which does not exceed 12 kilowatts, but does not include a device of the kind that is commonly known as an evaporative system, and does not include a device that is designed exclusively for heating.

    Section 52 Air conditioners and heat pump water heaters (1) A person must not cause or permit an air conditioner or heat pump water heater to be used on residential premises in such a manner that it emits noise that can be heard within a habitable room in any other residential premises (regardless of whether any door or window to that room is open):

    (a) before 8 am or after 10 pm on any Saturday, Sunday or public holiday, or (b) before 7 am or after 10 pm on any other day.

    Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in the case of an individual.

    In QLD the noise generated by the air-conditioner, when measured at a neighbour’s property, must not exceed: 50 decibels between 7:00am and 10:00pm; and 5 decibels above background noise, or 40 decibels (whichever is higher), between 10:00pm and 7:00am. Your scheme may wish to adopt these levels in your Noise by-laws.

    There are various ways of reducing noise emitted by air conditioning including the following:

    (1) Use of acoustic enclosure;

    (2) Use of a fence or barrier;

    (3) Use of anti vibration pads, matting, or blankets;

    (4) Use of stainless steel brackets.