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Hi guys 🙂
My strata has currently been informed all balconies are not safe for owners to use so they’re undertaking a major renovation to fix that up – this part, I have no issue with. The part I do is that they’re asking all strata owners to pay for their outside airconditioner units to be moved in order to accommodate the building work. In my mind, if the strata is paying for the building work for the balcony, they really should be paying for the airconditioner to be relocated as part of that. Their justification for asking the owners to pay is that as the airconditioners service individual units, it is not up to them to pay for their relocation? I’m thinking they wouldn’t have to be moved, if capital works weren’t being undertaken. Am I totally off base? It’s only a few hundred dollars but just isn’t sitting well with me…. I’m in Adelaide.
Cheers
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Ooooh. South Australia? That’s new territory for most Flatchatters. However, the answer to this question may help: Is the aircon common property? In othe words, does the strata corporation (body corporate) maintain and repair the aircon unit or does it belong to the unit owner. If it’s theirs, then there is no question, if it’s yours it gets a bit murky.
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.
Is the balcony common property? Were the air-cons installed by the developer or ad-hoc by owners at later times? Is there a rule/by-law/article that says who is responsible for their maintenance or that gave permission for the private property to be installed on common property, perhaps with conditions?
My guess is: If the air-cons were installed by the developer, yet service individual units, or were installed with permission from the OC by individual owners, then the OC should pay for relocation since that only becomes necessary as a consequence of something the OC is doing. Unless of course, there is some indemnity clause which says something about the OC not being responsible for anything to do with them – Essentially: ‘Install them on the balcony at your own risk.’ IE ‘Don’t blame the OC if we later say they have to be moved.’
Does everyone have one? Are you all in the same boat? If so, it really doesn’t matter whether the OC pays or you do. If the OC pays, then ultimately the cost has to be recouped through the OC levies. It would really only matter if a few people have them and the rest don’t.
Annak – Another issue to consider (but one that is not really related to this particular topic per se) is the positioning of the a/c unit on the balcony. A/c units that are positioned too close to a railing (and I have seen many of these) are a climbing hazard for small children.
If you or the Strata scheme are required to move the a/c unit whilst the balcony is being repaired and the a/c unit previously has been located within a distance of 900 mm from a balcony railing then I suggest that you relocate it to a safer position or raise it at least 1 metre off the floor of the balcony and install it on brackets on the wall.
Best practice: Positioning air-conditioners or other climbable objects on a balcony or deck close to a balustrade should be avoided or made non-climbable as these can be used as a foothold for children to climb on. Similar to the pool safety requirements, it is recommended that a non-climbable arc of 900mm be maintained outwards from the top of a balustrade.
As per PeterC, if everyone has an air conditioner, then what difference does it make whether the OC or the respective owners pay for relocation – the end result is the same?
Either way the cost is going to come from body corp funds. It would be more cost effective to include this as part of the overall project.
@proudsceptic said:
Positioning air-conditioners or other climbable objects on a balcony or deck close to a balustrade should be avoided or made non-climbable as these can be used as a foothold for children to climb on. Similar to the pool safety requirements, it is recommended that a non-climbable arc of 900mm be maintained outwards from the top of a balustrade.
Does anyone know of any legislation that says objects (like planters) must not be placed on balconies in such a way that they render the balustrade climbable? Given the current campaign on childproof windows, this would have to be the logical next step.
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.
Does anyone know of any legislation that says objects (like planters) must not be placed on balconies in such a way that they render the balustrade climbable? Given the current campaign on childproof windows, this would have to be the logical next step.
No, but this line of reasoning could lead to some counterproductive outcomes.
Chairs, benches, etc. – moveable and climbable.
Tables, stands – moveable and climbable.
If the safety “logic” follows that line then might as well permanently bolt or lock closed the access door out on to the balcony and be done with it???
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