Townhouse Broken Aircon Replacement. Strata Slow to Approve

Ldavyu on 27/01/2021 - 11:17
Last edited 27/01/2021 - 12:11 by 1 other user

I am in a townhouse Sydney (owner occupied), and the existing (old) ducted aircon died on me just before the heatwave hit. Since the unit is pretty old (20+ years), I have been advised by the technician that it would make more sense to replace it than fix it (assuming the parts even exist). We will basically be upgrading the the unit, with minor tweaks if anything, the outdoor unit will be inside the courtyard concealed by fencing (as it already is). I submitted the information to strata before Christmas, but it's taking a while, and the heat wave in the past few days made sleeping on the top floor basically unbearable and is taking a toll on waking up for work in the morning

I have been advised that they will discuss it at the upcoming meeting in mid February, by then summer would be almost over anyway and I think there will be heatwaves in between.

Surely replacing something that doesn't work and makes the place almost untenable is different from a preferential installation/upgrade? Also I am reluctant to buy a portable AC unit just to bridge the gap, I would've done so a month ago if I knew it would take this long.

What are my options? Thanks

Edit: Just to clarify, I'm not having a go at anyone in particular, I get that everyone has their priorities and it's normal that things need to run their course, I just want to know what I can do in this situation.

Home & Garden

Comments

  • avoidfullprice on 27/01/2021 - 11:23

    What's changes to common property in your proposal that require strata approval?

    Immediate thought is replacing the unit is not a strata issue, and you just go ahead?

    Then inform the status of change at meeting…

    • davyu on 27/01/2021 - 11:27

      Well, replacing the unit involves the indoor ducted unit, the pipework going through the external wall (penetration exists already as there is an existing unit) and the outdoor unit.

      My understanding it's to do with the outdoor unit and how the condensate pipe runs. I don't THINK there will be any technical problems, but procedure-wise it is necessary to get the approval. (I was specifically advised that approval is necessary)

      • brad1-8tsi on 27/01/2021 - 11:33
        +1

        Ask where it says that in writing in the bi-laws.

        Also, ask for an extra-ordinary meeting. They can approve by email. Our committee does it all the time. Go straight to the strata manager if you have to.

        What do they do when the garage door to the communal basement parking dies? Leave it for 6 weeks? Nope.

        • TheBird on 27/01/2021 - 13:35

          Also, ask for an extra-ordinary meeting. They can approve by email. Our committee does it all the time. Go straight to the strata manager if you have to.

          I was going to suggest this. It usually will cost you to have this happen, but anything where you don't want to pay to speed it up and leave it until the general meeting. The cost is usually under a hundred dollars.

      • TheBird on 27/01/2021 - 13:33

        If you change the look of the building, you can be forced to remove the new unit if you don't have permission. It's not something I'd expect to see happen often since the old unit was already approved, but it can happen.

  • brad1-8tsi on 27/01/2021 - 11:30
    +1

    If you are paying and it's a replacement in a similar footprint why are strata involved? It's a straight repair and strata doesn't need to give permission.

    What do your bi-laws say about AC? Ours say "talk to your neighbour if the outdoor unit is closer than 3m from their door or window. Unit to be unobtrusive in placement."

    • brad1-8tsi on 27/01/2021 - 11:47
      +5

      Sometimes it's easier to ask for forgiveness than permission.

      • davyu on 27/01/2021 - 12:06

        Yeah, I'm also contemplating this, so I'm also trying to work out what is the worst case scenario and the odds of that happening. I say "I can't wait any longer, I'll go ahead anyway", let me know what your conclusion is when it happens? It gets rejected and they ask me to remove it at my own cost?

        • brad1-8tsi on 27/01/2021 - 14:34

          They won't.

          I'd just keep saying it's a repair.

          Replacement to me is changing ducting, the fan system in the roof space and taking out sections of the external fabric of the building

  • Seraphin7 on 27/01/2021 - 11:35

    The implication of your post is that this requires approval of the strata committee. Assuming that is the case, it would seem that (1) your strata manager/committee has not established electronic voting of matters, and therefore (2) your fellow committee members are unable to meet until the date you've indicated.

    Despite the inherent grief associated with strata, it is quite possible that the committee simply doesn't want to be dealing with anything other than genuine emergency issues over the Christmas period. I know I wouldn't.

    Have you put your specific concerns to the strata manager, particularly that this is replacement only, not a change? Will the works to replace the gear require any disturbance to others, e.g. drilling, carving out wall cavities, etc.? These are the actual issues at play here.

  • thatonethere on 27/01/2021 - 11:39

    Heh. Probably take you a month to get the replacement unit and the install booked in anyway… That was my experience late 2020.

    To be honest, I'd just say it's a repair (which involves the replacement of the entire system).

  • davyu on 27/01/2021 - 11:39
    +1

    Thanks all for the responses. From what I can see, the bylaw basically says "replacing ducted A/C needs to be approved" since it's classified as minor renovations.

    Whether it's "genuinely emergency" is debatable, but I won't go there. Besides, I'm not blaming them for not working over Christmas, but it's been almost a month since then.

    I actually brought the issue up at the AGM last year, and the email thing was mentioned, it just hasn't happened and the latest advice I got after following up was that SCM in February I mentioned. And yes I highlighted that I'm not "changing" anything inherently.

    • thatonethere on 27/01/2021 - 11:50
      +1

      Ah probably have to wait - or beg for an out of session approval by email to proceed with the "emergency repair due to the heat".

    • avoidfullprice on 27/01/2021 - 11:52
      +2

      Unfortunately that's true under the strata legislation that ac replacement is minor renovation. You done the right thing. And being good citizen, you get punished.

      Don't have other lawful ideas to help out

  • The-Kremlin on 27/01/2021 - 12:32
    -1

    Live in a proper house without strata and you won't have this problem ever again!

    • davyu on 27/01/2021 - 12:42
      +1

      Yeah, I was hesitant to do that without getting to know the area a bit better first. I'm sure strata has saved me some trouble in some occasions like a mains pipe burst, there are always two sides of the coin.

      Maybe next time…

      • The-Kremlin on 27/01/2021 - 13:51

        Probably should have rented if you wanted to know the area first!

  • wallet72 on 27/01/2021 - 13:52

    if it's a repair to an existing unit (or replacing but no major changes to public components) then you should tell the Strata what you are doing and give them a date it will be done. Then tell them to raise any concerns prior to that date.

    You'd be hard pressed to find anyone that would slap your wrist for doing this to an existing installation. If you were putting in a new one, that might be different.

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