Issues with strata management

[ARCME]

Hi All,

I have installed 2 air conditioning units in my new flat. (They are on my balcony the smaller wall mounted above the larger one). Most of the units have an air conditioning unit on their balconies. Though only one.

Before my renovations, I had contacted the management company and put flyers through the unit letter boxes of the people who live around me. I told them I was renovating my flat (kitchen, bathroom, flooring, electrics for air conditioning, windows) and to contact me with any issues.

No one had contacted me with any issues. I emailed the strata management and got the right colours to do the external painting and frames and verbally advised of my renovations. Again no one said anything to me. Although I didn't specifically tell the strata that I was going to have 2 air conditioners, I did say that I wanted the electrics upgrade so I could have air conditioning.

When the renovations were almost completed, a member of the committee of the block asked me why I had 2 air conditioners.

I said, that I had one for the main room and one for the main bedroom. I use not so much the air conditioning, but the fan function. Also, I checked with the strata electrician to ensure that the existing power grid could cope and bought air conditioners that were of low wattage. I also had an extra circuit installed for the air conditioners so it wouldn't affect any other power circuits.

Again.....no one raised any issues. Now, after the renovations had been completed, they have told me that the council of owners have met and decided that they don't want me to have a second air conditioner.

My issue is about fairness. I gave them plenty of notice about my renovations and nobody came to me with any issues. Most of the units already have air conditioners, so another a smaller extra one shouldn't be an issue. If they had spoken to me during the renovations, I could have put a stop to it. Now, it will be expensive for me to remove it. Their own strata electrician said the wattage was fine. I have also paid to put extra and new circuits in safeguarding the circuits.

As it was their non communication that allowed me to put the second air conditioner up - can I also request that they pay a share of the removal and repair costs?

Also they want me to do it in 30 days - I can't afford it. Can I request more time?

As the larger air conditioner is already installed and won't need to be taken down why can't they provide me with a reasonable explanation as to why they won't let me have a smaller one? How much information are they required to provide? I really feel discriminated against.

All they say is that the council of owners do not want you to have one and you are in breach of the strata titles act, but won't mention anything else?

Sorry to make your ears bleed (and eyes) but I really would value your help!

Cheers

Ant

 

[Propertunity]

This is a case of 'silence does not mean consent'. Rather than assuming that you were OK because no one objected, it should have been a case of you applying to the Owners Corporation for permission and then waiting for their approval letter BEFORE commencing the works.

 

[ARCME]

Thanks for your response.

I know that now, but as a first time buyer, I was just too excited to get the renovations done.

Though I did make myself available to everyone. I did speak to some people on the council of owners and the strata manager.

I couldn't hold up renovations as they didn't raise any concerns.

Ant

 

[Propertunity]

I understand Ant, but as a policeman once told me when I was only in my first year of holding a licence, 'Ignorance of the law is no excuse". Sorry mate.

 

[ARCME]

But can't they at least give me more time to get it done? I thought that they at least have to be reasonable?

 

[DaveM]

They likely dont want a precedent set of 2 aircon units on balconies as then everyone else will want 2 aircons and subsequent visual and power issues.

If you want the aircon in the bedroom, my suggestion would be to change both units for a multi head split system.

 

[ARCME]

Thanks a lot Dave. The power issues I have addressed and this was verified by 3 independent electricians (1 including their own strata electrician).

My issue is that I need more time to save money to remove the unit and repair the wall and also - can they just tell me to remove it because they can? If they say that they have concerns about power and I have demonstrated that that issue has been resolved, then what obligations do the council of owners to be reasonable?

Or doesn't that matter?

 

[wylie]

This is why I don't like any sort of strata.

Why not eat a bit of humble pie (even if you don't feel you need to). Beg forgiveness, show them you are sorry to have gone ahead, assumed their silence when you told them what was happening (?) meant approval, maybe ask if their issue is that everyone else may want a second unit. Stress that you checked power usage, upgrading etc.

You just never know. You may find that whoever is driving this issue might appreciate your apology and may grudgingly allow you to keep it.

Sometimes (even with my adult/teenage children) I just want to hear an apology for bad behaviour and my "I'll show them who is boss" attitude softens once they realise they made a mistake and apologise for it. I usually don't insist on rectification (depending on the issue) once they "man up" and apologise.

Power mad people love having some power, but sometimes it is just a case of admitting you rushed in. You see it as having been given "approval" when it sounds more like a case of an assumption on your part, and now somebody's nose is out of joint.

 

[ARCME]

Hi Wylie,

Thanks for responding. I have apologised and spoken to both the council of owners and the strata several times at least 2 weeks before the air conditioner installation completed.

Whilst I admit that I didn't specifically ask their permission for the second air conditioner, during the renovations there was no communication from either advising me to stop. I even showed the head of the council when he came into the flat to view the renovations, where the air conditioners were to go. One in the living room and one in the bedroom. I didn't write it down though

It was all fine.

Now however, they have advised that they want it removed at my own expense.

I get that. I will remove it.

But I want to understand if they also had any responsibility to me to ensure that if my renovations were not something that was acceptable, they would notify me. They had plenty of opportunity to ask me to stop, but to wait until I had finished is pretty poor.

 

[ARCME]

I even spoke to the strata management to get the details of the strata electrician to make sure that he was ok with it!

They knew, but didn't do anything, which has really annoyed me.

Sorry, I will stop rabbiting on now!

 

[wylie]

Whilst I admit that I didn't specifically ask their permission for the second air conditioner, during the renovations there was no communication from either advising me to stop.

I think you now realise this was a mistake

I even showed the head of the council when he came into the flat to view the renovations, where the air conditioners were to go. One in the living room and one in the bedroom. I didn't write it down though

It was all fine.

This contradicts the first part of the sentence. If you showed him where the airconditioners were to go, perhaps he didn't realise you were using the plural? If he did, then why not appeal to his sense of fairness and remind him of that visit, of his discussion with you and that he was fine with it. Perhaps he may back down?

Now however, they have advised that they want it removed at my own expense.

I get that. I will remove it.

But I want to understand if they also had any responsibility to me to ensure that if my renovations were not something that was acceptable, they would notify me. They had plenty of opportunity to ask me to stop, but to wait until I had finished is pretty poor.

I suppose they will tell you that short of having any approval in writing, that your word that the head of the council said it was fine, is only as good as his word that he said nothing of the sort. If he now realises he shouldn't have said it was fine, he will probably deny having given his verbal assurance. He probably had no right to give it anyway, and possibly realises he made a mistake too.

What a mess.

Is there someone else you can take this to before spending more money ripping it out? It seems very much (from what you have written) like a case of them not wanting you to be setting a precedent for everybody to have a second unit, or maybe for you not to "win" without having gone through the proper channels. There doesn't seem any reason why both units cannot be left. If there is a problem with you having two units, I don't see that any differently to my son who had to apply to have one unit in a block of four where everyone else already had a unit. It had to be approved at an AGM and if his one unit meant upgrading any electrics that was something to be decided (I guess). If someone else in your block wants a second unit, I cannot see why they could not get a report on the capacity just as you have done.

Body corporates - yuck!!!

 

[ARCME]

Hi Wylie,

When this was first raised, I sent them all a grovelly detailed letter advising that that I had 3 qualifed electricians (1 including their own strata electrician) review the work and make sure that the circuit board could cope and that I had air conditioners that were way below the maximum wattage required so I wouldn't put any strain on the electrics. I even had a separate circuit installed, which would doubly ensure the integrity of the power board.......No response.

I did (in a nice way) remind the head of the council what I had discussed with him, but he now claims he doesn't recall that conversation (*note to self...document all conversations now with strata and council of owners!) The strata manager then advised that the council head didn't have the authority to approve anyway.

The second smaller unit isn't an eyesore and my balcony isn't as bad as some of the other tenants, who seem to use their balcony as a storage room.

I understand the precedence issue, but surely if the owner takes all appropriate steps to ensure their installation is safe and secure and the electrics are properly upgraded and doesn't impact any other flat......and the installation isn't huge and hideous, then it should be ok? Surely owners who have money to invest in their units properly are the ones to want in your block??

I am digressing. I know I need to take it down, I would just like a reasonable explanation as to why or do they not need to supply that? They can be as unreasonable as they like and there is no avenue of appeal?

 

[thatbum]

You know you probably have the option to challenge the strata's decision on this issue.

Might need to get some legal advice though. Although it wouldn't be too expensive to self represent at the SAT.

 

[ARCME]

I am wondering if it its worth doing that?

Me - being the new kid on the block, well I don't really want to annoy anyone.

I just want to be treated fairly and understand what their concerns are.

I think that not being able to understand why this is happening now is just getting me down.

Anyway, thanks for all your feedback.

Cheers

Ant

 

[handyandy]

Obviously is not going to change your argument with the strata but you can get AC units that have 2 or more internal outlets.

Bit of an expense now after you have installed the 2 seperate units but one of these multihead units would satisfy your requirements.

http://www.mitsubishielectric.com.au/Mitsubishi_MXZ-2B52VA_Multi_Split.htm

Cheers

 

[ARCME]

Thanks a lot for that Handyman.

I wish I had seen them before the renovations, but I'll remember for next time!

Cheers

Ant