Hi Whale & Jimmy T, I’ll try my best to answer your questions in the same order;
1. No units had air equipment installed at registration and the plan still doesn’t indicate it, maybe because I wouldn’t approve it?
2. Yes, system inside and condenser on my balcony, 2 on my balcony now to be precise.
3. A gap of about 500mm separates both and a large drop to the pavement too.
4. Yes, it’s part of my lot and outlines the entire balcony to the 500mm edge.
5. I dunno if they every had one, or if their complete system was located indoors.
6. I guess the drainage was already set up on mine and they (OC) didn’t want to pay for more, but I believe the drainage for mine is being used for twice the amount of whatever comes out / off.
7. It was approved by paper, but the minutes just say resolved. The vague motion was to install air conditioning equipment and drainage to serve lot 25, but nothing more. I believe the owner might have some sway with a committee member as they also had a bollard installed free on their parking space with no mention of costs.
8. Yes, 2 now and there is no specific mention but it appears to be spent under ‘maintenance’ as did the bollard. I know our building manage has a monthly fund of $10,000 that doesn’t get itemised if that helps?
9. I argued both, that no permission was sought and they went ahead and did it when we were at work. The decision seemed to be made so the Adjudicator didn’t have to make an order and my OC’s legal rep said it was done to protect my balcony, even though it makes thing worse. No that it’s spluttering and banging, I don’t want them doing it all over again.
10. The adjudicator didn’t say anything about that particularly if it was oc property or my neighbours but accepted that it was installed to provide service to another unit saying there was no evidence to suggest that it could only be installed on my balcony, but allowed it to stay there. I think that was some sort of legal way to say to me that I didn’t provide an ‘alternative’ place or report to confirm it could and should be located elsewhere. A report like that would have been expensive.
I agree the Adjudicator appeared lazy and this was clearly wrong, and when I asked for the decision to be published they told me they wouldn’t as it was not the kind of decision the NSW public would find useful. I disagreed, but then again I found it very disrespectful of my rights, but being the wronged person here I may be biased.
One thing was I called a Strata Lawyer in Balmain who told me not to appeal as the tribunal wouldn’t change its mind even though they were clearly wrong. She asked me instead to take it to court for about $40,000 which we couldn’t spare. I guess the end result was our balcony area was effectively stolen with nothing we could do.
My biggest gripe with the whole thing is that it cost me in the end through my levies! I’ll look for the original decision for you and scan it in, sorry I can’t provide much else but that’s exactly how it happened and I assume it’s happened that way in other schemes around NSW. I seen a similar decision in VCAT which protected the owner of the land (Strata Title) but NCAT seem completely unfair in comparison and chose to ignore case law precedents I included, under my wife’s advise.
I’m thinking of selling and that’s the reason it worries me now as when the property will be shown might be affected by tradies on my balcony or spluttering and banging from a lack of maintenance… Which I have had it looked at with mine as part of our 6 months check up. My air guy says its a cheaper non-compliant version of mine and it was overused in comparison.
Thanks for your responses guys, am off to bring my dog for his morning walk. Sunday is always a fun morning with the Kings Cross stragglers home!