- This topic has 12 replies, 5 voices, and was last updated 1 week, 2 days ago by .
-
Topic
-
I have owned my apartment for over 20 years and we have never had a by law to allow air conditioning units to be installed onto balconies until a few months ago, following the owner above me applying for permission to have one installed for his tenant.
I now have water dripping onto the edge of my balcony all day from the outflow pipe in the unit above me. Further, as my living room looks out to the balcony, I see the water dripping all day. I used to have a wonderful view and this would have to be the main aspect of my tiny apartment, but now all I see is the run off … dripping….drip, drip, drip.
I have read through the by law and saw this:
(e) must ensure that the air-conditioner does not expel any effluent or exhaust in such a way as to cause discomfort or inconvenience to an Owner or Occupier of a Lot in the strata scheme or any person lawfully using the common property or to cause damage to the common property, including any plants, garden or lawn;
At our AGM last year I voiced my concern against creating a by law to allow air conditioners to be installed because of environmental reasons and potential noise issues as our apartments are very close together. This was very contentious and I was out-voted.Any advice on how to deal with the dripping run off without getting into a battle with the EC?
-
Replies
-
Have you spoken to the owner above asking them if they can install a hose to divert the water?
Or speak with the OC committee and given them a written request to ensure compliance with the cited by-law by a specific date. And ask them to forbid the use of the AC until the problem is rectified.
Any advice on how to deal with the dripping run off without getting into a battle with the EC?
You only need to get into a battle with the EC if they refuse to do anything. A polite letter asking them to issue a notice to comply with the quoted section of the by-law, or explain their decision not to do so, might do the trick.
If they refuse to take action, you might remind them that they have a duty to enforce by-laws and that failure to do so can lead to action under section 232(2) of the strata Act.
This is not an unreasonable request so if there is to be conflict, that’s their choice and can be resolved through NCAT if they want to go down that road.
Otherwise, perhaps you could have a quiet word with your strata manager and ask them to issue the Notice to Comply – which they are empowered to do. The run-off pipe is there to allow water to escape when the balcony is flooded – it’s not there to provide a permanent escape for dripping water.
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 may find that your local council has a policy that airconditioners must not drip water like that. Call them and ask.
There is a slight but nonetheless real health risk, in the form of Legionnaires Disease, from water dripping from air conditioners. See this link from the Mayo Clinic in the USA.
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.
Hi JT
always find the information here informative, but please read your sources.
The Mayo clinic article you referenced specifically says that there is no risk from domestic air conditioners of Legionaires disease.
Legionaires is associated with commercial air conditioning systems that use water to cool the chillers. The warm water provides a breeding ground for bacteria.
The condensate from a domestic air conditioner is no warmer than ambient air. In fact it’s cooler. ( read about dew points) It’s no worse than breathing in the air around you.
The Mayo clinic article you referenced specifically says that there is no risk from domestic air conditioners of Legionaires disease.
Errr, no, it doesn’t. It says
Although it’s possible to get Legionnaires’ disease from home plumbing, most outbreaks have occurred in large buildings, perhaps because complex systems allow the bacteria to grow and spread more easily. Also, home and car air conditioning units don’t use water for cooling.
It doesn’t “specifically” say there is no risk from domestic air-conditioning. It says it’s highly unlikely, partly because water is not used to cool the air. But there is water present in this instance (the whole point, really).
I said the risk is slight but real. I should probably have said there’s very, very little risk, but the Mayo article doesn’t “specifically” say there’s no risk.
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.
At the risk of seeming heartless, it feels like you are expecting someone else to fight your battles for you. But there are no stratakops – it doesn’t work like that,
Establish your legitimate grounds for complaint and then seek mediation at Fair Trading with a view to taking action (against the upstairs owner?) at NCAT. No one else is going to fight this for you but that doesn’t mean you don’t have a valid complaint.
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.