Can Strata Refuse Air Conditioning?

Considering how hot it can get during an Adelaide summer, air conditioning is no longer a luxury – but a standard in most modern homes. For strata property owners, however, getting air conditioning poses a complication — installation may first require approval from the body corporate.

While newer strata properties typically include allowances for air conditioning installation, some older strata titles lack the relevant articles or by-laws, resulting in refusals and disputes between owners and the strata committee.

Can the Body Corporate Legally Refuse Air Conditioning Installation?

The short answer is yes – the body corporate can refuse air conditioning installation. Air conditioning installation involves the placement of an outdoor unit, which results in modifications to the property’s exterior. Such modifications are treated similarly to renovation works, where property owners must seek approval before carrying out the work.

Any changes to a strata unit are governed by the specific articles or by-laws of the strata title. Where these are silent on the matter, the usual process is that a Special Resolution of the owners is required to approve this.

What to Do When Your Strata Refuses Air Conditioning

Facing a refusal for an air conditioning installation can be troublesome, especially after obtaining quotes or purchasing the air conditioning unit upfront. However, there are alternative ways to obtain approval for air conditioning installation.

First of all, it’s important to understand the reason why the request was refused. Common reasons for refusal include:

• The installation will affect the appearance of the strata property
• Insufficient space for the outdoor unit
• Potential noise pollution
• Complications with plumbing or new fixture installation
• Absence of a catch-all by-law that permits air conditioning

Refusal due to installation restrictions

If the refusal request concerns the physical impracticality of the installation, the only option is to address the concerns raised. Work with technicians and installers for alternative installations that fit within the space requirements. Property owners can then resubmit or appeal the request for air conditioning installation.

If the stated reason for refusal is unreasonable, property owners can apply to the SMagistrates Court to dispute the refusal.

Refusal due to by-law limitations

This is a common issue for older strata titles built when air conditioning was not as prevalent in homes. As a result, the strata title may not have a set of bylaws governing air conditioning installation.

One solution is to introduce a new article or by-law for the entire strata community, which property owners can draft with the help of a solicitor and present for approval during the owners’ corporation meeting. The timeline for this process can be brought forward by requesting an extraordinary general meeting, which will involve an additional.

Once the by-law is passed, all strata units will be permitted to install air conditioning according to the regulations.

Can I Install Air Conditioning Without Strata Approval?

Installing air conditioning without obtaining strata approval can result in penalties and the need to rectify non-compliant installations. Strata corporations may be able to impose a penalty of up to $500 on property owners who fail to comply with by-laws; the maximum penalty is up to $2,000 for strata schemes that do not have residential units.

Apart from a financial penalty, the strata corporation can also order the removal of the unapproved installation at the property owner’s expense, resulting in further costs from hiring technicians for removal. Obtaining approval before arranging for air conditioning installation is always recommended to avoid these consequences.

Who is Responsible for Air Conditioning Once Installed?

Property owners are fully responsible for the proper maintenance and safe operation of air conditioning units installed in private property. Other air-conditioned units in common areas of the strata premises, such as a meeting room, will be maintained by the strata committee.

While it may be perfectly legal for strata committees to refuse air conditioning, it is in the best interests of the strata title to ensure that reasonable requests for air conditioning installations are met to prevent time-consuming disputes with owners. As the leading strata management firm in South Australia, Strata Data has extensive experience in handling air conditioning installations in strata properties, providing strata corporations with legally compliant by-law templates and advice for managing installation requests from owners.