Hot Water heater on Balcony

If you are in NSW – I don’t believe that the relocation of the HWS would be classified as a structural renovation given that the common property wall has already been opened to accommodate the A/C, however, this would depend upon how much bigger the hole will become to accommodate any extra pipe work for the HWS.

Instead, the relocation of the HWS could be classified as a Minor Renovation. You will still require OC approval at a GM (either EGM or AGM). Approval by the OC cannot unreasonably be withheld. 

Minor renovations by owners

110 Minor renovations by owners

(1) The owner of a lot in a strata scheme may carry out work for the purposes of minor renovations to common property in connection with the owner’s lot with the approval of the owners corporation given by resolution at a general meeting. A special resolution authorising the work is not required.

(2) The approval may be subject to reasonable conditions imposed by the owners corporation and cannot be unreasonably withheld by the owners corporation.

(3)
“Minor renovations” include but are not limited to work for the purposes of the following:

(a) renovating a kitchen,

(b) changing recessed light fittings,

(c) installing or replacing wood or other hard floors,

(d) installing or replacing wiring or cabling or power or access points,

(e) work involving reconfiguring walls,

(f) any other work prescribed by the regulations for the purposes of this subsection.

(4) Before obtaining the approval of the owners corporation, an owner of a lot must give written notice of proposed minor renovations to the owners corporation, including the following:

(a) details of the work, including copies of any plans,

(b) duration and times of the work,

(c) details of the persons carrying out the work, including qualifications to carry out the work,

(d) arrangements to manage any resulting rubbish or debris.

(5) An owner of a lot must ensure that:

(a) any damage caused to any part of the common property by the carrying out of minor renovations by or on behalf of the owner is repaired, and

(b) the minor renovations and any repairs are carried out in a competent and proper manner.

(6) The by-laws of a strata scheme may provide for the following:

(a) additional work that is to be a minor renovation for the purposes of this section,

(b) permitting the owners corporation to delegate its functions under this section to the strata committee.

(7) This section does not apply to the following work:

(a) work that consists of cosmetic work for the purposes of section 109,

(b) work involving structural changes,

(c) work that changes the external appearance of a lot, including the installation of an external access ramp,

(d) work involving waterproofing,

(e) work for which consent or another approval is required under any other Act,

(f) work that is authorised by a by-law made under this Part or a common property rights by-law,

(g) any other work prescribed by the regulations for the purposes of this subsection.

(8) Section 108 does not apply to minor renovations carried out in accordance with this section.

Note : Section 132 enables rectification orders to be made against owners of lots for damage caused by work done by owners.

 Your anticipated work does not appear to fit within the “cosmetic work” classifications:

“Cosmetic work” includes but is not limited to work for the following purposes:

(a) installing or replacing hooks, nails or screws for hanging paintings and other things on walls,

(b) installing or replacing handrails,

(c) painting,

(d) filling minor holes and cracks in internal walls,

(e) laying carpet,

(f) installing or replacing built-in wardrobes,

(g) installing or replacing internal blinds and curtains,

(h) any other work prescribed by the regulations for the purposes of this subsection.