Air Conditioning – application procedure

A lot owner (Mr Y) who is also a SC member wants to install an air conditioning unit (“AC”) in his lot. By way of background, there was never an AC unit in that lot and there is no general by law relating to AC units.

Mr Y sent the strata manager a broad outline (two paragraphs of text) of the AC unit he wants to purchase and to install (he copied this to the SC).

As a SC member myself, it seems that the strata mgr is unaware of what is required in such a situation. This was backed up by the applicant telling me he was not asked any of the questions I am asking of him below, so I wrote to the applicant (owner) as follows:

Dear Mr Y,

1. Your email indicates that you misunderstand how meetings take place. The 7 day notice you refer to is not from when you email your intention to install an AC unit. But is (no less than) 7 days from when an agenda is sent out and no agenda has been prepared let alone sent;

2. In order for the air conditioning matter to be considered properly, the OC requires more details from you. The following come to mind:
(a) Please confirm that the installation will be carried out by a licensed professional and will comply with all relevant building codes and regulations;

(b) Please provide the OC with evidence of the license and insurance details of the contractor;

(c) Please provide the original quote you received as that should have the tradesman’s and warranty details as well as a listing of components;

(d) Please provide information on what changes to common property, such as drilling holes into walls for piping and to secure the air conditioning unit are to be undertaken. This must be by way of a formal document from the installer;

(e) Please provide diagrams and/or photos that would shed light on where exactly the air conditioning unit is to be installed and the impact on common property. These plans should show where pipes are to be laid, what materials are to be used and what changes to the electricity supplied to the lot, if any, will be needed;

(f) Please provide a brochure of the air conditioning system so the OC can understand what is the expected level of noise generated. Often this can be addressed from brochures listing the model of air conditioner;

(g) Are you aware the matter will require a special resolution?;

(h) Are you aware the matter requires a specific by-law to be prepared and registered?;

(i) Please confirm that repair and maintenance of the air conditioner unit and associated infrastructure will be for the account of the lot owner; and

(j) Please note that all costs regarding the above including strata manager’s charges for  preparing for a meeting and an agenda, hosting the meeting, preparing and issuing minutes as well as other costs e.g. legal (such as strata mgr liaising with solicitor about the air conditioning by law, the solicitor’s charge to prepare the by-law and related registration fees) will be for the account of the lot owner (the applicant).

I look forward to your reply.

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My concern is that other SC members are not only new to strata living but prioritise harmony amongst owners above the welfare of the OC and above applying the SSM Act correctly and will argue against what some consider my “over the top” requirements.

1. Forum members please let me know if I missed something in my above summary of what I wrote to the applicant;
2. Can the OC approve the AC installation without the details I asked for? That is, on the basis of an informal email which lacks details I am seeking (see above); and
3. If the answer to (2) is YES, what are my avenues to safeguard the OC?

Thanks to all in advance for their replies.