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Hi There,
We bought an apartment and would like to install the air-con. We put the approval form forward which was rejected. As we were explained if one of the owner is against our air-con unit on the common property wall – this will not go ahead. I would like to notice that there are already 2 air-con units installed on the common property wall and the second one was installed after we were refused to do so (as the permission was given incorrectly and they could not do anything about it).
Would appreciate your advice on the above – whether this is correct if one owner is against – nothing is going ahead and whether based on the precedents set (2 air-con installed) – we can argue about it and install it even without approval from the Committe.
Thank you
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PeterC said:
I would be surprised if other jurisdictions did not have a similarly sensible split of major and minor.
Strata is full of surprises, Peter, and all too few of them are pleasant ones.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
JimmyT said:
PeterC said:
I would be surprised if other jurisdictions did not have a similarly sensible split of major and minor.
Strata is full of surprises, Peter, and all too few of them are pleasant ones.
Surprise me then! Does every incursion onto common ground require an unopposed resolution in NSW or some other such very high hurdle, no matter how minor? Is there no scope for an EC to exercise some judgement?
Peter C.
Yes and no, Peter. You usually need a special resolution to alter common property and that requires 75 percent vote in favour by owners voting at a general meeting.
There is nothing in the NSW Strata Act that says anything about the size of the “incursion” or how profound its effect is on common property (although in practice, drilling a few holes to hang pictures isn't going to be a problem).
If you are changing common property in a minor way, for instance running a gas pipe through a common wall to a balcony barbecue, you would thoretically need Owners Corporation permission but might get away without it because no one need know you have done it (unless something goes wrong).
But air-conditioning units, for instance, have the potential to cause a noise nuisance and most ECs would be all over that, which would inevitably lead to a motion for a special resolution.
In the hypothetical of the barbecue gas pipe I mentioned above, if there was a problem with that – leaks, for instance – and the owner didn't have proper permission for it, they would be in all sorts of trouble.
The fact of the matter is that most owners Corporations are
non-compliant with the law in some way or another and people just get on
with stuff until there's a problem.Also the law does stipulate that if
the OC has agreed to a change in common property and hasn't included a
provision for the unit owner to maintain the installation, then the OC
becomes liable for its maintenance.However, as I said, there is no provision that I know of in NSW for a division of work between minor and major. If I'm wrong (and it has been known) hopefully someone will put me right.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
Nat said:
Hi There,
We bought an apartment and would like to install the air-con. We put the approval form forward which was rejected. As we were explained if one of the owner is against our air-con unit on the common property wall – this will not go ahead. I would like to notice that there are already 2 air-con units installed on the common property wall and the second one was installed after we were refused to do so (as the permission was given incorrectly and they could not do anything about it).
Would appreciate your advice on the above – whether this is correct if one owner is against – nothing is going ahead and whether based on the precedents set (2 air-con installed) – we can argue about it and install it even without approval from the Committe.
Thank you
Your EC can't allow a veto vote like that (unless there are only four units in the block). Special resolutions “only” require 75 percent of the vote. In your situation, I would check that there is no detrimental impact on any other neighbour and no by-law that you would be breaking and then inform the EC that they have created a precedent by allowing the previous A/C installations. If they aren't doing anything to have the other a/c units removed, then they can't reasonably prevent you from having yours.
I would then try to get enough support from other owners to call an Extraordinary General Meeting at which you would present a motion for a special resolution to allow you to have a/c installed.
Failing that, I would take them to Fair Trading (Tel. 13 32 20) for mediation and then, if there's no resolution, to the CTTT for adjudication. Going ahead and just installing it without permission is a very tempting option but it could cost you financially and in terms of your relations with your neighbours if it all goes wrong and you are ordered by the CTTT to remove the a/c unit.
The CTTT need not recognise previous installations as a precedent, especially if your OC can argue that they are illegal although to be honest, the CTTT is a lottery these days and there's no predicting what they will decide.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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