Short answer is, Yes.
There will be differences in terms of the permission or type of permission that is required for an air-conditioner. This is in part determined by the location, what the buildings by-laws outlines, the size of the air-conditioner system, amongst other decisions and factors.
When Do Issues Arise?
As with any request for approval or renovation (approval), issues typically arise when an owner proceeds with works or renovations, without checking first with our office as to whether approval is required, and if approval is required what the process is and what type of approval is required.
Seeking advice first is paramount, and circumvents issues that arise around the location, size and approval process when an owner wants to install an air-conditioner. While an owners corporation cannot typically decline approval for an air-conditioner, they do not have to grant approval if the approval does not meet the legislative requirements, does not meet by-law requirements and/or council requirements.
The best practice is to first communicate with our office that you are looking at installing an air-conditioner. We will then issue to you a renovations application so you can articulate and detail the type of air-conditioner and where you are proposing to install the air-conditioning unit.
Our office reviews the application and will provide advice as to the course of action, which is to typically refer this to the committee for their review and consideration.
Approval by the Committee
Pending what the by-laws for your building outlines, when installing an air-conditioning condenser approval may be granted by the committee when the installation takes place within the airspace of the lot. This for example could be the courtyard of the lot, balcony of the lot or another area.
The reasons that the committee can provide approval, is because the installation would take place within the airspace of the lot and not within the airspace of the common property. Approval would be granted to damage common property and for the appearance of the lot.
As mentioned, this would be subject to the by-laws and the reasonableness of the type, style and location of the air-conditioning system. If the building has a by-law that the installation must be located in a certain area of the building or a standing procedure for an installation, approval may be declined or subject to changes to be in alignment with the buildings requirements.
Approval by Owners Corporation / Community Association
Should the installation proposed not be within the airspace of the lot, but rather in the airspace of the building (common property) pending any current registered by-laws, approval would need to be granted by the owners corporation / community association via a general meeting.
Locations typically used within the airspace of the common property include Roof Void, Roof, Outside the building, Storage Area / Car Space and typically an installation outside of the lot boundary.
Approval is required by a general meeting, via special resolution and a common property rights by-law would be registered to be registered. If the motion is not passed and approved by the owners at a general meeting, approval is therefore declined.
Seeking Approval
Bes practice is to reach out to The 1888 Co. and seek a renovations application form. Once this is completed, we will be in a position to provide advice as to the type of approval required and the process.
