My neighbour has installed a split system air conditioner on the communal front yard of the building without calling a general meeting to consult and get approval from all owners. She claimed that she has the written approval from the Strata management. The air conditional unit is facing directly to the entrance door to my block and render a lovely communal front yard unsightful. It may set a precedent for other neighbouring units to do the same without getting approval from all owners or through majority votes.
This system exhaust heat from the air conditioner and is less than 1.5 meters away from the main walkway of the building which all the residents in the building will use when coming into or going out the building including children. The heat exhausted through the system will increase the temperature surrounding the walkway and affect the comfortness of the residents walking pass, it may also affect the growth of plants surrounding that area.
Is this installation illegal and how can I get the neighbour to relocate / remove the system knowing that they will not voluntarily do so. Also, who should wear the cost of the relocation / removal.
I appreciate your advices.
The placement of any items on common property, including the A/C condensers, requires approval in a general meeting to allow all owners to vote. The owner is responsible for ensuring the installation complies with building codes/regulations and council requirements before installation.
A bylaw will also need to be considered for registration, as items on common property become common property responsibility unless there is a bylaw noting otherwise.
We encourage you to review the bylaws to see if there are any such bylaws in place allowing such installations. Also, make contact with the strata manager and committee to clarify what has been provided to the owner in question.
If the installation has been made without the required process and approvals, the Owners Corporation can ask the owner to submit a motion to ratify by formal approval at the next General Meeting (and accomodating draft bylaw for registration thereafter). If declined at the meeting, the Owners Corporation may request that the item be moved/removed and the property made good, at the lot owners expense.
If the owner of the lot has received false or incorrect approval from the strata manager, they may have a claim against the agent directly for any losses as a result.
