› Flat Chat Strata Forum › By-laws and outlaws › Are proposed by-laws biased in favour of a few owners? › Current Page
There is a proposal to allow air conditioning units but only to those who are at the ends of the block as there is an alcove they can hide the base units in. This would obviously need a new by-law to be drafted. I am led to believe that any new body corporate rules/by-laws cannot unfairly discriminate against a lot owner. So the question is, given the other lot owners (not being at the end of the block) are being discriminated against, is this actually viable ?
I’m not sure this would be discriminatory. Ideally, one would try to be as equitable as possible. However, what should you do if it would be unobtrusive and practical for the end units to have airconditioners but problematic elsewhere for some reason? If it were undesirable for some reason in most locations but a few, by chance, are situated so that they could have airconditioners without causing any nuisance to anyone else, why deny them the option?
Put another way, a by-law might simply permit airconditioners in these particular locations while being silent on any other option. That would allow an EC to give an automatic approval to end units. Proposals for installations elsewhere might not be out of the question but would require further consideration and a separate decision.