19/02/2019 at 11:16 pm #35884
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??
19/02/2019 at 11:31 pm #35899
20/02/2019 at 8:13 am #35917
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.
20/02/2019 at 8:55 am #35919
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.
20/02/2019 at 10:52 am #35929
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?
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