Venting a portable air conditioner into a lobby area

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  • 08/12/2011 at 7:31 pm #7815
    Austman
    Flatchatter

      In one of our buildings there is a small, two storey high, skylight-lit lobby entrance area.  One apartment has a louvred glass bedroom window that opens onto this lobby area, but is one floor up. There are no external windows in this bedroom – it does however have another window that opens towards a loft area inside the apartment.  The occupant has decided to install a portable air conditioner in the bedroom and vent the hot (and possibly humid) air into the lobby entrance area by removing one of the glass louvres in the window and fitting the AC's vent pipe in its place.

      Other occupants are upset that hot (and possibly humid) air will be vented into the lobby.  And of course, the portable air conditioner might be noisy.

      The bedroom window is common property (as it is part of the lot perimeter) and should not be modified without OC permission.  But it is an open-able window!  And of course no occupant can unreasonably operate noisy appliances that can be heard by others – so the portable air conditioner will have to be reasonably quiet.

      But can the OC stop the use of the portable air conditioner because it vents to an inside common area? 

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    • 09/12/2011 at 3:09 pm #14372
      Jimmy-T
      Keymaster

        The simple answer to the final question is a resounding YES!  It’s inappropriate use of common property, it’s creating a nuisance on common property and it’s a health and safety issue.

        I’m not sure what the process is in Victoria, but this owner need to get a letter immediately outlining the various by-laws (and planning laws) he’ll be breaching and the sanctions that will be taken against him if he doesn’t comply.

        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.
        09/12/2011 at 6:00 pm #14367
        Austman
        Flatchatter
        Chat-starter

          Thanks for the answer.  But I can only find regulations (AS1668) that concern bathrooms, kitchens, toilets and laundries.

          AS 1668.2. … contaminated air from a sanitary compartment or bathroom must:

          (a) Exhaust directly to outside the building by way of ducts; or
          (b) Exhaust into the roof space provided

          The room concerned is a bedroom.  And the window is a open-able louvred window to the common lobby area (but 1 floor up).

          If the occupant simply opened the window and put an electric fan right near it on the inside the apartment, so that air blew out the window into the common lobby area, could that be illegal or a health/safety issue?  Because that's nearly the situation.  Except that with a portable air conditioner the air would be warmer and possibly more humid but not any more 'contaminated '.

          For sure it could be a nuisance, but is that enough for the OC to stop it? 

          Incidentally a portable air conditioner can be vented to a spare room if you like (that room will  just get hotter/more humid) – they don't need special venting although venting to outside is the best option.

          We have written to the occupant requesting the vent be removed immediately.  We stated our concerns over its legality and pointed out the discomfort it could cause to others.  The occupant claims he is doing nothing wrong.

          10/12/2011 at 7:18 am #14378
          FlatChatFan
          Flatchatter

            Austman said:

             There are no external windows in this bedroom – it does however have another window that opens towards a loft area inside the apartment. 

             

            It seems unusual that a bedroom would have been built in proximity to a common area, and especially without a window to the outside. 

            Was the original building plan that way or has the owner changed the layout?

            Exhaust should not exit to a common area, and even worse,  would not like to be sleeping or changing in a bedroom that has louvre windows to a common area.

            10/12/2011 at 9:45 am #14379
            Jimmy-T
            Keymaster

              I know someone who vented their portable aircon into their (fully vented) bathroom. the build up of heat and humidity melted their soap and had tiles falling off the wall.

              If there is any doubt about existing by-laws forbidding this, get one drawn up and adopted at an EGM. 

              However, I reckon a Notice To Comply with any by-law regarding damage to common property and or allowing fumes on to common property (if you have one) would be a good starting point.

              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.
              10/12/2011 at 10:36 am #14382
              Austman
              Flatchatter
              Chat-starter

                FlatChatFan said:

                Austman said:

                 There are no external windows in this bedroom – it does however have another window that opens towards a loft area inside the apartment. 

                 

                It seems unusual that a bedroom would have been built in proximity to a common area, and especially without a window to the outside. 

                Was the original building plan that way or has the owner changed the layout?

                Exhaust should not exit to a common area, and even worse,  would not like to be sleeping or changing in a bedroom that has louvre windows to a common area.

                It’s a warehouse conversion.  Only the building façade remains with the whole interior new (7 years ago).  Many of the bedrooms in the building do not have a window that opens to the outside.  Many just have a glass panel to a light source (eg from the stairwell/lobby).   It seems a common building practice in building conversions.

                This particular apartment is the only one with an openable window to an inside common area.  And it's that way it on the original plans – so it hasn't been changed.  All other apartments have fixed pane obscured glass windows to the common area (ie just to get light).

                Perhaps another option for the OC is to replace the louvred window with a fixed pane one (like all other apartments).  The room in concern has another large openable window that opens over the apartment’s interior loft area below. 

                And the OC owns the window – so I think it can be done – it’s common property.  The owner might not like it however…

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