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Topic
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My unit have a air conditioner condenser installed in roof top and according to By law is common property
It worked perfectly since purchased property in 2001 until the nighmare started in 2011
Report to Stata manger that the Air cond was not working in jan 2010
SM did not response for more than about six months as I travelled oversea frequently
In Dec 2010, finally SM initaiated action with Air Cond compnay to investigate
Advised by SM according to AC company, condenser is faulty and would require removal to be repair to workshop
NOthing happen after this removal – and after chasing SM -ADVICE FROM SM THAT THE AIR COND IS OWNER RESPONSIBILTY AND NOT BODY CORPORATE
AC company replace the condenser and paid by owner
Neighbour complained about noise and vibration from roof where it is installed
SM sourced Air Cond Engineer with two or three compnay and report that the noise is from my unit Air Cond Condenser causing the noise and vibration making very loud audible humming noise
Contact and discussion with Secretary of
Exec Committee
and provide email correspondence confirming that the removing and replcae of the AC condenser was done after advice from SM that it is the owner responsibility
To make it short, received a letter from SM that it is my responsibilty to reduce the noise immediately and failure will result in a NOtcie to Complycan anyone help with advice on how to resolve this issue -resolution
1. How to start complaint on SM incompetence and the Exec Committe and Owner Corp
2 is it worthwhile taking the complaint against teh SM and Owner Corp to the Tribunal
3 Is legal action a best option
Thank you
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Replies
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You don’t say where you live.
But in Victoria (and probably in other states) equipment like an air conditioner that serves just one lot and is powered and controlled by that lot is the lot owner’s responsibility to repair and maintain regardless of its location. Implied easements might exist that allow the lot equipment on common property.
It seems the SM may have made a mistake (hopefully in good faith). That happens – areas of responsibility can be tricky in Owner Corporations. But what do you expect to achieve? Ultimately, regardless of any SM mistake, if the responsibility for the AC’s repair and maintenance was yours, it still is yours.
So get the AC fixed. If it’s noisier due to the earlier repair, get that company back.
if you can tell what state you are staying in .. I can consult to my wstrata manager and get back to you …. cheerio !!!
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