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Does aircon installation need a special resolution?
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Help_1
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20/11/2018 - 9:02 am
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Please advise thoughts on installing AC unit through kitchen wall to garage, conduit to upstairs wardrobe, then through roof space, and condenser on balcony on blocks, water pipe to run through garage wall to external garden bed. Do you think this requires a special or ordinary resolution. No structural change is required and is mostly internal work is being done inside in my lot. Please advise, Kind Regards

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Lady Penelope
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20/11/2018 - 10:22 am
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Help_1: A few of questions for you ……. Are you in a town house? Has anyone else in the building received approval to install an a/c unit? How did they do it?

Is the wall between your kitchen and garage deemed to be an internal wall? Is the roof space deemed to be common property? Will you be cutting through a slab between the two floors? On the Strata Plan is the balcony on your Title? Is the exterior condenser unit likely to cause a noise nuisance to adjoining properties? How is the condensate from the condenser unit being dealt with?

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Jimmy-T
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20/11/2018 - 11:46 am
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Section 28 of the NSW strata regulations says:
  Minor renovations by owners

Work for the following purposes is prescribed as minor renovations for the purposes of section 110 (3) of the Act:

 

(d)  installing a reverse cycle split system air conditioner,

 
Note.

 The work prescribed by this clause is subject to the requirements set out in section 110 (7) of the Act, including requirements that it does not involve structural changes, changes to the external appearance of a lot or waterproofing.

Section 110 of the Act says: 

(1) The owner of a lot in a strata scheme may carry out work for the purposes of minor renovations to common property in connection with the owner’s lot with the approval of the owners corporationgiven by resolution at a general meeting. A special resolution authorising the work is not required.

(2) The approval may be subject to reasonable conditions imposed by the owners corporation and cannot be unreasonably withheld by the owners corporation.

And it’s those “reasonable conditions” that might test your resolve and patience, depending on the demeanour of the committee.
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Help_1
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20/11/2018 - 12:53 pm
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Thank you Jimmy

Lady Penelope – yes town house, Unit 3 already had ac in unit before I purchased, no idea how, nothing in strata records, Kitchen and garage are internal walls, no slab, balcony on my title, marginally could make a nuisance to Unit 1, condensation onto garden bed, hope this helps…

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Lady Penelope
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20/11/2018 - 6:17 pm
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Help_1: Thanks for the extra info. 

Is there a By-law in place at your scheme which prevents, or governs a/c installation?

Town houses sometimes differ from multi level Lots with regard to common property. Townhouses may have different boundaries for common property (particularly if they are detached town houses) and different definitions of what is structural and who owns and is responsible for maintenance of the exterior walls etc. You may need to check up on this.

Section 110[1] may not even need to apply to you. The a/c will be installed within your own Lot boundary and the exterior wall may not be common property that is “in connection” with your Lot. This is clearly something that you will need to clarify.

110   Minor renovations by owners

(1)  The owner of a lot in a strata scheme may carry out work for the purposes of minor renovations to common property in connection with the owner’s lot with the approval of the owners corporation given by resolution at a general meeting. A special resolution authorising the work is not required.

The requirement for an a/c to be approved by the OC as an Ordinary Resolution only applies if the a/c will impact on common property.

Perhaps that is why Lot 3 has installed an a/c without any paperwork or written approval.

If the OC has not requested the removal of the a/c at Apartment 3 then it appears that tacit approval has been given, or acquiescence has occurred.

However, if you do decide that the a/c installation is “in connection to common property” then you will need to submit a proposal to the OC regarding the a/c installation. This written notice should include all details you have about the system you’d like to install, including brands, installer information, photographs of where the system would be installed and any relevant plans.

As Jimmy has said, you will need approval via an Ordinary Resolution. Approval cannot be unreasonably withheld. 

If you want to speed up the process then you could offer to pay the cost of holding an EGM. Depending upon the size of the strata scheme this suggestion may not be too expensive. Find out the cost before making the offer though. 

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