Aircon Installation - Body Corp Issue

[ds4]

Hi experts

I need your guidance to deal with the following issue:


- I own unit 3 in a 4 units complex. Early in the year I decided to install an aircon in the unit. The mistake I did was I did not get a body corporate approval. When the aircon unit and piping were installed, the owner of unit 1 and 4 ( who live in the complex) reported to the body corporate of the unauthorised installation.

- The body corporate contacted me to submit the application which was then rejected by the body corporate committee (unit 1 and 4 owners) ? not sure if unit 2 owner was involved. In the rejection letter, I was asked to remove the aircon and wiring/piping. They instructed me to fix the damaged wall and paint from the wiring/piping of the aircon. In the rejection letter they allowed me to install the aircon at the back balcony.

- I asked the property manager to discuss the requirement to remove the aircon,etc. with the body corporate and not long ago I received another letter saying that the body corp committee decided that we don?t need to remove the aircon unit but any wiring/piping have to be removed because the installation breached the by-laws (damage common property and appearance of lot).

- Upon receiving the letter, I asked the property manager to inspect the property and take pictures so I can see and understand the issue. BTW - the property is in Brisbane and I live in Gladstone so I haven't seen the aircon installation myself.

- When looking at the pictures (please see attached file) ? there were other wiring/piping not connected to unit 3 but to the other units on the building

- Last month we wrote a letter to the body corporate committee ? firstly apologising for not getting the approval, thanking them for removing the requirement to move the aircon and showing to them that there are other wiring/piping not connected to unit 3. We asked them to reconsider the requirement to remove the wiring/piping unless there are safety hazards considering the other wiring/piping

- After waiting for 1 month, we received a letter from the body corporate committee - please see attached file (letter.pdf)

Can I please get your advice on how to approach this?

Many Thanks,

DS

 

[wylie]

Firstly, you did do the wrong thing by installing without approval, and I could understand them wanting you to remove ugly piping if there was no other ugly piping. But your pipework is no uglier than what was there before. it is very neat and unobtrusive anyway.

Sounds to me like two owners trying to flex their muscles and show you who is boss.

I would firstly send them the photos you've shown the forum and hopefully they will realise how silly they are being. If they don't back down then you could take it further (but I'm not sure how you would do that). This is madness!!!

 

[Sez]

I would submit your own request that the existing pipework be removed due to it's breach of the body corp rules .

Jokes aside, I think it may be time for your PM to request a meeting with the owners corporation to discuss what the other pipes are, what they're for etc. etc. If pipework has been approved for aircon previously surely they can allow your aircon? Read the by-laws and make sure you know them well. See if you can find something in the by-laws to support your side of the argument. Worst case scenario you might end up going to tribunal to get the matter settled if neither you or the body corporate will bend.

Let us know how you go.

 

[ds4]

wylie and sez,

Thanks for the quick responses.

Yes - I agree it looks like unit 1 and 4 owners want to show their power.

I sent the pictures to them before they sent me the last letter. They did not say/respond to the other piping shown in the pictures. They kept saying to remove the wiring/piping because it has breached the by-laws.

I have admitted that I made a mistake and I want to conform with the body corporate rules. However I'd like to understand what the real issue is since I don't understand why piping from unit 3 is seen different to the other piping attached to the building.

I will ask the PM to contact Body Corporate - ask them what the real issue is and what is the difference between piping from unit 3 and the other piping.

Do you know what the role of the body corporate administrator/manager is to solve dispute between owners? Are they powerless? Are they only acting as a communication mediator?

I don't know much about taking the matter to tribunal - does this cost a lot of money? If it ends up in the tribunal, do you reckon I have a case to keep the piping or I will lose?

Many Thanks.

DS

 

[depreciator]

It's their home, so they have a different perspective from you.
They may have inherited that ugly existing pipework and resolved to not allow stuff like that to happen again. Who knows.
I've be driving down there to have a chat with them to see if there is an equitable solution.

 

[wylie]

- I asked the property manager to discuss the requirement to remove the aircon,etc. with the body corporate and not long ago I received another letter saying that the body corp committee decided that we don?t need to remove the aircon unit but any wiring/piping have to be removed because the installation breached the by-laws (damage common property and appearance of lot).

If you have approval in writing from the committee that you don't have to remove the aircon, is that wording actually saying they approve the installation of the unit, or that they are happy for you have the unit sitting on your balcony but not connected to anything?

I'd be pushing that their approval (depending on the wording) means that the piping would also require to be approved. Another case of them being rather "smartar$e".

Any sensible person who sees the photos can see that you are not setting any sort of precedent, but following the precedent already set by those who now oppose you doing EXACTLY what they have done, and have approved for themselves. I'd guess that you could spend $50 (or whatever it is to lodge a hearing) at the appropriate tribunal and this would be a win for you.

 

[ds4]

In both letters issued in Sept & Nov 2013 (pls see attached letters), they just said the removal of the aircon unit from the front balcony is no longer required. I hope they did not mean I can have the aircon unit sitting without connected to power.

Just by looking at the pictures - is it actually possible for the electrician to change the wiring/piping without attaching cables etc. onto the building?

 

[pinkboy]

Run your aircon off the noisiest, smokiest, unsightly generator you can find.....that should give the other unit owners something to really whinge about!


pinkboy

 

[ds4]

pinkboy - that'd give me more headache

 

[depreciator]

Just by looking at the pictures - is it actually possible for the electrician to change the wiring/piping without attaching cables etc. onto the building?

Probably a question for your electrician. Could he have done the work more neatly? That connection to the metre box looks a bit ugly.

 

[handyandy]

Probably a question for your electrician. Could he have done the work more neatly? That connection to the metre box looks a bit ugly.

I think the electrician has been a bit slack.

He should have taken his cable not on the lip of the concrete but back up to the roof of the stairwell and then run it along the corners back to the power box. The other conduit run may have put him off.

Then at the power box he should have kept following the underside of the stairs and then bring it straight down with hard conduit so it all stays nice and straight.

Even better if he had gone to the back (via the roof cavity) and then down and I assume via a garage to the back of the power box.

All the other runs of conduit look like they are related to cable (foxtel type). The copper pipe is because there was a leak and it's the bypass fix.

You could volunteer to paint all your installed conduit white to camouflage it.

Cheers

 

[marg4000]

We owned a unit in a large complex. One owner installed an air conditioner without approval and in the end was forced to remove it.

I would suggest that, prior to the next body corporate meeting, you notify the secretary and ask that your issue be put on the agenda. Attend the meeting and put your case directly to the people who can solve the issue. A face to face meeting can work wonders.
Marg
PS: create goodwill - take along something yummy to share at the meeting.

 

[wylie]

Another thought is to find out who owns the fourth unit, and get them on side. If two of you say your unit can stay and two say it must go, I wonder who gets the final say?

And I agree with Marg to create goodwill, but it seems you've tried that already and they have given in a little by allowing the unit to stay, but to say your ducting needs to go just makes that "approval" a mockery.

Still... it is easier to catch flies with honey than with vinegar. Save the vinegar until you know the honey isn't working.

 

[S.T]

Another option might be to ask the owners corp who their electrical contractor is and get them to come re-do the wiring correctly and neatly.

 

[ds4]

Thanks for the reply everyone.

The PM and I have decided to engage an electrician to see what can be done with minimal costs and put the proposal to them. At least it should show them that we are trying to work with them and meet their requirement as best we can.

Hopefully we can reach an equitable solution as suggested by depreciator.

I'll keep you updated with how it goes. If there other suggestions - please let me know.

Many Thanks
DS

 

[ds4]

Hi Everyone,

An update on this issue. I have engaged an independent air conditioning company to perform an assessment if the wiring/piping can be replaced. Here is his response:

After inspecting the installation of the air conditioning at the unitwe can report on the following.

- Connection to switchboard neat & correct. Could not be run through ceiling due to switchboard directly under stairs.
- Modern air conditioning units are now hard wired & are not made to be plugged into a power socket.
- The condenser is not visible from the drive way unlike unit 2 where the condenser can be seen on the balcony.
- We strongly recommend the drain be finished off & connected to the down pipe for safety reasons.

Can I please get an advise of the most appropriate way to deliver this news to the Body Corporate without 'agitating' them?

What I really want out of this is still to have good relationships with the other committees without taking the aircon off of the unit. Anyone who experienced the 40+ degree temp a couple of weeks ago can understand the importance of having an aircon.

Many Thanks.

DS

 

[wylie]

I would attend the next meeting, be calm, and show that you are not trying to bully your way through this.

It may be harder for the committee to bully you to your face, especially if you have a good reason for having what you have already installed being allowed (especially if their own units are ugly and/or installed in a manner that they are now requesting that is not good enough for you too).

 

[Sez]

I agree with Wylie, in person would be best. If you contact them in writing they're going to interpret your tone from your letter in the way that they want...... it probably won't be flattering . If you go in person and talk to them reasonably and explain that you had a company out to inspect and try to find a solution for all involved, a company to inspect and come to an unbiased conclusion how can they argue??

 

[vbplease]

If you can?t reason with them about keeping your existing conduit/wiring, you could offer to take it down, then apply through body corporate to re-install as per their specifications. They shouldn?t knock you back as the existing wiring at the driveway corner of the stairwell is hideous.

The cost of reinstalling the conduit/wiring may be a few hundred $, which is a lot cheaper than relocating to the rear of the complex? And Owners 1&4 get to feel good about getting their way.

It would be interesting to see their specifications for installing conduit considering the existing? Perhaps you didn?t make it ugly enough for them the first time