Can I be refused aircon?

[Agenda]

Last week I put forward a request for aircon in our unit - I've provided the Body Corporate (BC consists of myself and two others) with plans and full quote including details of installation.

I have heard nothing! In the past, other members respond to emails within 24 hours and I am getting the feeling that we are on the nose and they are not going to co-oporate. I made some complaints about another tenant a month ago and the strata manager forwarded my emails to the other members without asking me - I am not sure if this has anything to do with it.

Anyway, can they refuse me installing aircon, NSW strata, resistered pre 1974 so we own the wall of the balcony. The other two BC members have AC.

Also I am in a rutt! We have severe smoke drift problems (reason we need aircon) and I am pregnant - this is causing considerable stress on my part.

 

[The Y-man]

One reason you always need to have numbers on the BC....

The Y-man

 

[missgreeneyes]

I feel for you.
Can you ask your smoking neighbour nicely to please avoid smoking close to you as you are pregnant? Is there a common garden downstairs they can use?
Hope they are good enough to consider your needs.
If your AC request us refused or delayed, can you make do with a portable unit? The ones from Bing Lee and Harvey Norman look nice and the high-end ($1000+) ones look as if they'll do as good a job as the wall-mounted units.

 

[Rolf Latham]

I think the core thing is

last week

how often does the BC look at this stuff ?

once a month ?
t
arolf

 

[Agenda]

Can anyone explain this to me?

Far out - so over this..

The Executive Committee have not turned down your proposal however they have requested that you present a Special By-law to be passed at a general meeting of all owners. This has been the procedure in the past and they request it be followed again in regards to your installation as noted below:

Installing an a/c system in a unit -
Details of the proposal must be submitted in writing to the Owners Corporation and the Owners Corporation's consent must be obtained before commencing any work. An appropriate 'exclusive use' by-law would need to be passed and registered if approval IS given? Such a by-law would need to be prepared by a solicitor. However, you should always check your scheme's by-laws in the first instance in case one which covers this topic already exists.

 

[Angel]

Wtf??

When we bought our Townhouse, we physically asked the BC Manager, who lived next door, what did they want and she just walked through our townhouse and pointed to all the various walls that the Air Con could be mounted to. That was it. Gosh some BCs are annoying.

I feel your pain

 

[Scott No Mates]

Have special bylaws been passed for the account units in the other apartments?

If so you will have to comply. They've all gone through the same.

 

[handyandy]

Can anyone explain this to me?

Far out - so over this..

The Executive Committee have not turned down your proposal however they have requested that you present a Special By-law to be passed at a general meeting of all owners. This has been the procedure in the past and they request it be followed again in regards to your installation as noted below:

Installing an a/c system in a unit -
Details of the proposal must be submitted in writing to the Owners Corporation and the Owners Corporation's consent must be obtained before commencing any work. An appropriate 'exclusive use' by-law would need to be passed and registered if approval IS given? Such a by-law would need to be prepared by a solicitor. However, you should always check your scheme's by-laws in the first instance in case one which covers this topic already exists.

So have you checked your by-laws to see whether there is already one there and if there is wouldn't that already included all installations?

If you determine the content of the special by law already in existence (if it pertains to each unit or is a group by law) then just submit that and you should be able to request a Extraordinary General meeting to be held, even if you have to pay some charges to have the meeting. If you don't bring this forward then you may have to wait until the annual meeting.

Cheers