Air-con units are uncool

QUESTION: Some time in the past, two previous owners in our 1960s block installed those ugly window mounted air conditioning units. The strata records shows no mention of the units, let alone permission for them to be installed.

Newer owners in the building would like to see them removed and replaced with less intrusive split systems.

We have mentioned this to the current owners of the lots but they say, as they were there before they bought their lots, they should not have to pay to remove or replace them.

Can we ask the lot owners to remove them at their expense? Or is the Owners Corporation is responsible for the costs of removing them and replacing them?

Are the current lot owners responsible for alterations and additions carried out by previous owners but not approved by the Executive Committee or documented in the strata records? – VillageIdiot, via Flat Chat Forum

ANSWER: The prevailing opinion is if owners have altered common property without permission, then sold their units, the Owners Corporation has to take responsibility for the unapproved installations on common property.

But to complicate matters, Mr Strata – a Forum regular – says that windows weren’t considered common property in the 1960s, so that probably doesn’t apply in this case.

The key to a solution may lie in a by-law (which this building has) that says any alterations to the lots have to be in keeping with the look of the building. The air con units aren’t so they should go.

The question is, how important is it to the rest of the building to remove these air con units?  And would you rather spend time, money and emotional energy fighting it or fixing it?

How about a quiet chat, suggesting removal of the units at the OC’s expense and replacement with less intrusive units out of the individual owners’ pockets?

But up your sleeve would be the option to say, “OK, remove your non-compliant air con unit and replace the glass. Enjoy the summer!”

This issue is discussed in much greater detail HERE.