- This topic has 2 replies, 2 voices, and was last updated 6 years, 9 months ago by .
-
Topic
-
I would like to instal an airconditioner in my unit (lounge room) – strata high rise building built early 70’s – compressor would need to go on balcony and be connected to the outlet for water – balcony is enclosed with windows 4 of which open – I am hearing that Body Corporate will not approve – something about fire! – and I am also hearing DA has to go to local Council which they will knock back – rang Council but did not receive proper advice – what is the correct advice and reasons please – and if above is correct where do I go from here.
-
Replies
-
France’s, before you go to far in speaking with the OC, talk to an air conditioning installer. There may be practical reasons preventing what you want to do.
1) The water outlet you speak of is the condensate drain from the interior unit. The pipe needs to fall over its entire length to a drain point. It doesn’t have to be plumbed into anything.
2) An enclosed balcony even one with Windows will reduce the effectiveness of an air conditioner. You just end up circulating hot air.
An installer ( not the shop where you buy the unit) will give you the best opinion.
in terms of approaching the OC.
Unless there is a by law already in place, you will need to have one approved for your installation. It’s not up to the committee to tell you of the fire risk (what fire risk?) as the bylaw is voted on by the OC.
Whilstbthe passing of the by law in purely up to the OC, the committee can’t place unreasonable conditions on you, unless the restrictions are already the subject of a bylaw.
Get your own bylaw drafted by you, and let the committee argue whether it’s suitable. There is no law that says who drafts the bylaw and the committee can’t make you use their lawyer nor pay the OC costs of their lawyer reviewing your by law.
Good luck
Robert
@Frances said:
I am hearing that Body Corporate will not approve – something about fire! – and I am also hearing DA has to go to local Council which they will knock back – rang Council but did not receive proper advice – what is the correct advice and reasons please – and if above is correct where do I go from here.You need owners corp approval because the compressor is going on your balcony (actually common property) and you will probably have to cut through common property to install the aircon.
However, if the Owners Corp approves, the council probably isn’t going to be interested. I’m not sure they’d be interested at all, to be honest.
By the way, if you are prepared to sign a special resolution by-law covering repairs, maintenance, damage to common property and hours of use (so you don’t disturb neighbours) you can always take the Owners Corp to NCAT if they refuse your application unreasonably.
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.
- You must be logged in to reply to this topic.