Flat Chat Strata Forum Common Property Current Page

  • Creator
    Topic
  • #35884
    Lynnp
    Flatchatter

      The owners of a penthouse apartment in my building have their air conditioning condenser on the roof of the apartment building (common property). They bought the apartment of the plan 11 years ago and the air conditioner was put there by the builders. The air conditioner is for their sole use.

      The condenser sits on my ceiling and for the past 3 years we have been subjected to an on going noise from the vibration of the machinery – this is purely from the condenser sitting directly on the roof. I contacted the owners corporation who have been in touch with the owners. They have denied that the problem is from the air conditioner.

      Apart from myself, the committee members and a report from an air conditioning company there is no doubt that this is the culprit. The strata manager issued a breach of by law notice and asked that something be done to rectify it. This should have been “fixed” in September 2018. The owners have ignored the notice, as has the strata manager and owners corporation.

      I am now being told by the owners corporation that as the noise only affects my apartment I will have to pay to have it rectified or failing that take the apartment owner to a tribunal. I have had several emails with the owners of the apartment to try and get this sorted and they have said while there is a noise they don’t think it’s an issue!!

      I was able to have an informal consult with a solicitor who said that this should be dealt with by either the strata manager or the owners corporation and that I shouldn’t be paying or doing anything. I’m truly at my wits end. Any suggestions? Or am I going to have to do this all myself??

    Viewing 4 replies - 1 through 4 (of 4 total)
    • Author
      Replies
    • #35899
      Bn
      Flatchatter

        If the OC have given you that instruction – you can turn it off and have it removed? Wouldn’t be that expensive either. You’re electrician might need to be cluey if there is no isolation switch.

         

        #35917
        Lynnp
        Flatchatter
        Chat-starter

          A member of the committee turned it off  when this first started and was told by the owner that it amounted to criminal damage as they had no right to interfere with the air conditioner.

          #35919
          Jimmy-T
          Keymaster

            People make all sorts of empty legal threats and demands – it’s a form of bullying.  As such, there is only one appropriate response: bring it on!

            There is no statute that says switching off a device constitutes criminal damage.  Personally, these people have been so unhelpful and selfish, I’d be taking the whole thing down.

            Meanwhile, have a look at this pamphlet on neighbourhood noise.  Your neighbours should not be operating the air-con between 8pm and 7 am (weekdays) if it can be heard in your flat, and could be fined for doing so.

            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.
            #35929
            Mailbox
            Flatchatter

              Is the vibration causing damage to the roof? Whilst not immediately evident there is a high probability that continuous and on going vibration will damage common property, i.e. the roof.

               

              Therefore, it is possible that failure to remedy the matter in a timely manner will cause large repair bills in the future as well as significant inconvenience for the resident.

               

              Perhaps a structural engineer can comment on this issue?

               

               

            Viewing 4 replies - 1 through 4 (of 4 total)
            • You must be logged in to reply to this topic.

            Flat Chat Strata Forum Common Property Current Page