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  • #8809

    There is a proposal to allow air conditioning units but only to those who are at the ends of the block as there is an alcove they can hide the base units in. This would obviously need a new by-law to be drafted.

    I am led to believe that any new body corporate rules/by-laws cannot unfairly discriminate against a lot owner. So the question is, given the other lot owners (not being at the end of the block) are being discriminated against,  is this actually viable ?

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  • #18357
    Sir Humphrey
    Strataguru

      There is a proposal to allow air conditioning units but only to those who are at the ends of the block as there is an alcove they can hide the base units in. This would obviously need a new by-law to be drafted. I am led to believe that any new body corporate rules/by-laws cannot unfairly discriminate against a lot owner. So the question is, given the other lot owners (not being at the end of the block) are being discriminated against,  is this actually viable ?

      I’m not sure this would be discriminatory. Ideally, one would try to be as equitable as possible. However, what should you do if it would be unobtrusive and practical for the end units to have airconditioners but problematic elsewhere for some reason? If it were undesirable for some reason in most locations but a  few, by chance, are situated so that they could have airconditioners without causing any nuisance to anyone else, why deny them the option?

      Put another way, a by-law might simply permit airconditioners in these particular locations while being silent on any other option. That would allow an EC to give an automatic approval to end units. Proposals for installations elsewhere might not be out of the question but would require further consideration and a separate decision.

      #18360
      excathedra
      Flatchatter

        I agree with PeterC.  Life has its biases.  Having an end unit is advantageous through the absence of one common wall and potentially an extra view (which may or may not be worth having).  The proposed by-law has presumably been prompted on the grounds that the A/C is to be installed on common property.  Maybe there is some scope for installing compact units within other apartments with minimal penetration of structure – subject of course to all the usual safeguards including a clear definition of responsibility for maintenance and repairs.

        #18365
        Cosmo
        Flatchatter

          Generally I would say I agree with PeterC and excathedra.  Location in real estate whether it be in strata or freehold has advantages/disadvantages.  Our strata has some similar issues which we resolved.  The one issue that our strata would discess would be about the alcove you mention. 

          Is the use of these alcoves depriving others of common property that they could reasonably be expected to use? 

          Does their use deprive any other owners in any way or result in a nuisance to other occupiers? 

           

          By deprive I don’t mean just because the other units can’t use the alcove no one else should be allowed to. 

          #18368

          Just to add some further clarification and answer some of the queries raised.  The alcoves are on common property but adding AC units would not impinge in any way other lot owners. 

          There are other options for all other units as where to place the AC units but the ones proposed to be added in the alcove are less visible. So again the question goes back to fairness

          #18369
          Jimmy-T
          Keymaster

            The only circumstances under which this would be considered unfair would be if the owners didn’t get an exclusive use by-law that made them and whoever buys their properties in the future responsible for the upkeep on the aircon units and the areas in which they are placed. You could argue that by using them in this way, the owners have increased the value of their phones but it really would be a nominal difference (there is a legally established formula which is the difference between the improvement in value of the unit, minus the costs of installation – including the cost of drawing up the by-law).
            As long as none of this costs the owners corp in any way, and there is adequate compensation (if at all) then there’s nothing wrong with this.

            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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