Private air-con on common property

'The law' is whatever is says in your by-laws. What you probably need to do is get the by-laws revised to reflect the new situation in your building – something that should have been done before anyone installed 'private' air-conditioning. But the general rule is that members of the owners corporation are responsible for all common property without limit. You'll need a 75 percent vote in favour to get the by-laws changed – best of luck with that!

We also have owners who have installed air conditioning units with either units or conduit for power on common property (ie outside of the units).  We also have external gas water heaters on the exterior (common property) walls within the courtyards of each unit.  Does this mean that the OC is responsible for replacing them as well?  This is of concern as the water heaters are now at the end of their usuable life (11 years).  This OC has not covered the replacement of these heaters in levies collected over the years.  To pay for them would almost certainly wipe us out financially as there are so many items that need attending to as this complex ages.

Call us niave but the EC and OC have always considered the water heaters as an owners responsibility to maintain and replace (with whatever water heating system they wish).  We have kept the levies low with the understanding that the OC covers the “big” things (roof, exterior painting, driveway, gutters, windows, gardens) and owners cover and maintain other items as needed.  We would have to increase our levies and owners have indicated that they do not wish this to happen and infact would sell up if it did happen!

Have an AGM coming up.  Do we need to consider bylaws for everything?  In my complex, owners want to do whatever they want without notification or permission and yet expect the OC to pick up the pieces and pay for it when it all comes apart.  How can you control it?