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Hi
I requested approval to install an evap cooling unit 3 months ago. Strata Manager responded saying that before approval is given, can you confirm that unit complies with noise levels.
I responded immediately and heard nothing back for 2 months
I assumed that no further infor was required and therefore had approval to go ahead.
Had the same issue with pets about a year ago, where Strata Manager requested details of pets which I provided and heard nothing back. Few months later he asked if I had requested permission, to which I responded by forwarding previous email. He apologised and said all was good.
I might add that the complex is a new build, so the Executive Committee is making up rules
Now back to the evap cooling. I installed the unit and a couple of days later get a letter stating that I had approval to install but only to the rear.
According to Starta Manager the approval with conditions was granted in September but never communicated to me as “House Rules” were being drafted. Funny that, and its now end October
Can I tell them to take a hike ?
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I don’t know what State or Territory you’re in, but as you’re talking about an evaporative cooler (roof mounted?) I assume that your Plan is not on the eastern or western seaboards.
Some details on location would be helpful, but in the meantime, your Plan’s Executive Committee cannot “make up rules” as that’s a matter for all Owners to agree upon at a General Meeting, and as your your past experience with consent to keep an animal pet had demonstrated your Strata Manager’s apparent inability to provide timely responses, it was probably unwise of you to assume that a similarly slow response to your request to install the evaporative cooler could be taken as a consent.
It’s generally accepted that an Owners Corporation’s (O/C) consent to an Owner’s request to place something on the Common Property ( in your case the roof) should be unreasonably withheld, but I’m not sure that telling the O/C to “take a hike” is a smart move.
Again, not knowing your Plan’s location makes specific advice difficult, but what about a letter to your Strata Manager pointing out that the Executive Committee’s delayed response inferred to you that there were no issues with your proposal, and that you’d appreciate its consent to your existing installation, or failing that its reasons for wanting the unit relocated to the rear of the building’s roof.
We both probably know why the rear location is desirable as the unit would be out of sight, but it’s worth you asking the question and depending upon the answer, perhaps asking the O/C to assist in the relocation costs on the basis of the time that it originally took to respond to your request.
@Whale said:
I don’t know what State or Territory you’re in, but as you’re talking about an evaporative cooler (roof mounted?) I assume that your Plan is not on the eastern or western seaboards.Keith’s IP address appears to be in the ACT so, in the absence of him telling us whether he is or not, perhaps PeterC might take a punt at this one. I wouldn’t recommend anyone else offering an opinion or advice until we get confirmation.
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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