#20790
Whale
Flatchatter

    Gees I hate these….. but seriously though, depending upon any notations to the contrary on the Strata Title Plan for your Scheme, and/or any Special By-Laws (SBL) about air-conditioning installations, my understanding of the 1974 change is, amongst other things, that any walls separating parts of the same lot are not common property.

    So in this circumstance if the balcony is part of the lot (check?) then the wall separating it from the lot’s living area is not common property, BUT you’ll note from Jimmy T’s extract from Sect 116 of the Act (post #12) that the Owner was still required to provide the O/C with a minimum 14 days notice of what works were then intended; that’s advice not a request for consent.

    Nonetheless it was at that stage the O/C could have imposed conditions on the installation, but I’m afraid that’s all water under the bridge (or cool air through the vents) now, unless the Owner would at this stage agree in writing to be responsible for the maintenance and repair of the installation, including the wall, in which case the O/C could specially resolve to create and Register a SBL covering that and other aspects of the completed installation any others that may in future occur by other Owners.

    As the Owner concerned is also an E/C Member they may be morally inclined to accept such a proposition; worth a try perhaps!