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.