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Topic
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The questions or queries that I wish to raise relate to both the air-conditioning situation in the block of 6 Apartments where I reside and resolution of a Dilapidation Reports issue consequential upon extensive and heavy building works which took place on immediately adjacent properties.
Each Lot Owner has his own independent aircon system with certain plant and equipment contained in the void above the ceilings in each Apartment for his own exclusive use and his own separate compressor which sits on Common Property on the roof of and/or at ground level outside the building. As far as I am aware, the interior of each Lot comprises both the void (containing that Lot’s aircon plant and equipment) and the space beneath the ceiling. Obviously there are independent connections which traverse Common Property between each Lot and its own compressor with each Apartment having its own internal panels for controlling its aircon usage.
The issue to be resolved is whether repairs, maintenance and/or replacement of any plant or equipment or parts, regardless of their location or, possibly, dependent upon their location and which service each Lot independently are the responsibility of individual Owners or the Owners Corporation. There is no registered By-law which addresses or governs this situation.
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I think most state and territories have a principle that ‘utility conduits’ that service a single unit are the responsibility of that unit, even where they traverse common property. So, I would be inclined to apply that principle to the air conditioners. You could probably make an argument that the pipes and system that circulates refrigerant fluid into each unit is providing a utility service (heating or cooling).
Where I am, we added a general rule (ACT-speak for bylaw) to make explicit and beyond doubt that anything that services an individual unit is that unit’s responsibility to repair and maintain, even if it is on common property, with or without permission to be there.
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