My neighbour wishes to install the compressor for his Airconditioning on common property for predominantly aesthetic reasons so that it will not impact the enjoyment of his back garden area… The Body Corporate has insisted that it be kept within his own property’s space, and he has appealed against this decision to the Fair Trade organisation… What grounds are likely to be used by the mediator to help decide who has the right to it? What information do the other five owners need to help determine a fair outcome? – Eileen, NSW

Q: My neighbour wishes to install the compressor for his Airconditioning on common property for predominantly aesthetic reasons so that it will not impact the enjoyment of his back garden area.

The visual and noise impact will not be significant, but there is space to install it within the back garden of his own townhouse. The Body Corporate has insisted that it be kept within his own property’s space, and he has appealed against this decision to the Fair Trade organisation.

The matter is scheduled for mediation – what grounds are likely to be used by the mediator to help decide who has the right to it? What information do the other five owners need to help determine a fair outcome? None of the other owners has the possibility of using the common area in this way, because of the geography of the block, and would therefore have to put any similar motor within the confines of their own back gardens.

A: As you’ve mentioned, none of the other owners has a possibility of using the common area (which is meant for the enjoyment of all owners/residents of your strata property) to install infrastructure for their sole benefit. One owner having the right puts all other owners at an unfair disadvantage, which may be a good counter-point to put forth to the appeal.

If you have voted on the matter via a motion at a previous annual general meeting or extraordinary general meeting with the majority of votes being against the proposal, it may be worth including the meeting minutes and outcomes of the motion. This will help show that the majority of other owners do not agree with the proposed change to common property for a single owner.

You may wish to also seek more information and help from your strata manager if one is available.