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Home » Maintenance & Common Property » Common Property NSW » NSW: As Summer Heats up so do the Air Conditioning Disputes!

NSW: As Summer Heats up so do the Air Conditioning Disputes!

Published November 28, 2025 By Adrian Mueller, JS Mueller & Co Lawyers Last Updated November 28, 2025

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This article is about the importance of having a clear by-law to manage air conditioning installations and prevent disputes in strata communities during summer.

NSW strata law changes webinar jan 2026

The heat is on. Summer is here and it’s predicted to be a hot summer season with temperatures in the high 30’s and some days even reaching 40’s.

It’s the time of year when lot owners and tenants look to install and use air conditioners to relieve themselves from the oppressive heat.

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Did you know air conditioners are high on the list for strata disputes?

Air conditioners can cause all types of complaints in strata such as:

  • What if the noise of the unit upsets the peace and quiet?
  • Who’s responsible for maintenance?
  • What if the unit leaks water into another apartment?
  • Is it in line with the appearance of the lot?
  • and much more!

A Robust By-law Addressing Air Conditioning Units is Important

For these reasons it’s important that you have a good by-law in place regulating the installation and use of them that covers the following (and much more):

  • What type of air conditioning equipment is appropriate?
  • Where can the unit be installed?
  • Will council approval be required?
  • Will owners corporation approval be required?
  • Will it be installed on common property?
  • Will a by-law be required for individual lots, or can it be covered under a general by-law?

A good by-law will ensure that your summer is as stress free as possible and reduces (and hopefully eliminates) any strata disputes in relation to air conditioners.

Adrian Mueller
JS Mueller & Co Lawyers
E: adrianmueller@muellers.com.au
P: 02 9562 1266

This post appears in Strata News #774.

Have a question or something to add to the article? Leave a comment below.

Read next:

  • NSW: Q&A Indemnity in Perpetuity – Installation of an Air Conditioning Unit
  • NSW: Q&A Installing air conditioning in an apartment
  • NSW: Q&A Does Strata Maintain My Air Conditioning Unit?

This article has been republished with permission from the author and first appeared on the JS Mueller & Co Lawyers website.

Visit our Maintenance and Common Property, Strata By-Laws and Legislation OR NSW Strata Legislation.

Are you not sure about some of the strata terms used in this article? Take a look at our NSW Strata Glossary to help with your understanding.

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About Adrian Mueller, JS Mueller & Co Lawyers

For over 22 years Adrian has specialised exclusively in strata law, his knowledge and experience is second to none.

Known for his articulate and engaging presentation style he has delivered groundbreaking papers to strata lawyers, the strata industry and lectured extensively on strata law topics.

He has been published in many mainstream and industry broadcast and digital and print media publications for his extensive knowledge on strata law.

In recognition of his outstanding ability, Adrian has been admitted as a Fellow of the Australian College of Community Association Lawyers, the peak body for Australian strata lawyers.

View Adrian’s full profiles here and LinkedIn.

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