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clement – Have any other owners placed an a/c on their balcony? If so you may be able to copy their common property by-law.
I haven’t personally seen this type of by-law as I live in QLD and these types of by-laws are not required.
I don’t think that you would need to specify how the work is to be carried out, except to say that it will be carried out by a qualified a/c installer.
You may need to include the following information in your Special Resolution Motion and/or your common property rights by-law:
- Location of split-system or inverter split-system
unit. - Specific manufacturer, model, size and colour.
- Your agreement not to produce unreasonable level of noise.
- Your agreement that the a/c must be of an appearance in keeping with the rest of the scheme.
- Location of air conditioning compressor and dripper.
- Installed by a qualified installer.
- Your consent to maintain that part of the common property wall to which the a/c is attached, and the a/c unit itself.
- Your consent to the by-law.
It is my understanding that the common property by-laws for the renovation of a specific Lot (including all of its conditions) runs with the property and binds all of the subsequent owners of that Lot. SSMA 2015 states:
135 Requirement to comply with by-laws
(1) The by-laws for a strata scheme bind the owners corporation and the owners of lots in the strata scheme and any mortgagee or covenant chargee in possession, or tenant or occupier, of a lot to the same extent as if the by-laws:
(a) had been signed and sealed by the owners corporation and each owner and each such mortgagee, covenant chargee, tenant and occupier, and
(b) contained mutual covenants to observe and perform all the provisions of the by-laws.
(2) There is an implied covenant by the tenant of a lot or common property to comply with the by-laws for the strata scheme.
Note : The effect of having been taken to have signed and sealed a by-law is that the person is always taken to have known about it.