These questions from NSW Lot Owners are about who maintains individual air conditioning units in strata.
Table of Contents:
- QUESTION: Our air conditioner’s pipework passes through a common wall. The air conditioner only services this unit. Water has entered the unit via the air conditioner’s pipework and damaged some of the internal linings. Who is responsible for the repairs? Is it the unit owner or the owners corporation?
- QUESTION: Our air conditioner was installed incorrectly by the builder 5 years ago. Is the repair of the resulting leak part of the strata maintenance responsibilities?
- QUESTION: What are the Strata maintenance responsibilities for the repairs of air conditioners when each unit has an outdoor air conditioning unit within the lot boundaries of each residence and not on common property?
- QUESTION: When it comes to strata maintenance responsibilities, who is responsible for maintaining an individual unit’s ducted air conditioning systems when their main components are located outside the Lot’s boundaries?
Question: Our air conditioner’s pipework passes through a common wall. The air conditioner only services this unit. Water has entered the unit via the air conditioner’s pipework and damaged some of the internal linings. Who is responsible for the repairs? Is it the unit owner or the owners corporation?
Answer: Firstly, this will depend on the insurance cover chosen by the owners corporation.
Who owns the pipe?
Under the Strata Schemes Development Act 2015 No 51 [NSW] the following definitions apply:
- common property, in relation to a strata scheme or a proposed strata scheme, means any part of a parcel that is not comprised in a lot (including any common infrastructure that is not part of a lot).
- lot, in relation to a strata scheme, means one or more cubic spaces shown as a lot on a floor plan relating to the scheme but does not include any common infrastructure unless the common infrastructure is described on the plan, in the way prescribed by the regulations, as a part of the lot.
- common infrastructure means
- the cubic space occupied by a vertical structural member of a building, other than a wall, or
- the pipes, wires, cables or ducts that are not for the exclusive benefit of one lot and are—
- in a building in relation to which a plan for registration as a strata plan was lodged with the Registrar-General before 1 March 1986, or
- otherwise—in a building or in a part of a parcel that is not a building, or
- the cubic space enclosed by a structure enclosing pipes, wires, cables or ducts referred to in paragraph (b).
As the pipes are for the air conditioner and the air conditioner is ‘exclusive use’, providing the building does not pre-date 1986, the pipes belong to the lot owner.
Who is responsible for the internal repairs?
Firstly, I assume the lot is not one of two in a two lot scheme and the rights under the Strata Schemes Management Act section 160 (4) have not been implemented.
In this case, the first part of the who is responsible for the repairs will depend on the insurance cover chosen by the owners corporation.
There are insurance policies that, while they will not respond to the cause of the leak, may respond to the resultant damage (in this case, the internal damages). There are also policies that will not respond unless there has been an ‘event’ that caused the leaking.
Therefore, your first port of call might be the insurance policy chosen by the owners corporation. If the cover is granted, the leak ‘via the pipework’ will be subject to point 1, and the resultant damage will be the insurer’s responsibility.
Secondly, if we assume the insurance chosen is one that will not respond, the answer as to who is responsible reverts back to the first point as to who owns and is responsible for the pipe.
Thirdly, if the lot is one of two in a two lot scheme and the rights under the Strata Schemes Management Act section 160 (4) have been implemented, the pipe, and therefore, the responsibility, will always remain with the lot owner.
Scott Driscoll
Driscoll Strata Consulting
E: scott@driscollstrataconsulting.com.au
P: 0409 632 003
This post appears in the August 2024 edition of The NSW Strata Magazine.
Question: Our air conditioner was installed incorrectly by the builder 5 years ago. Is the repair of the resulting leak part of the strata maintenance responsibilities?
Who pays for repair bills on my air conditioner? Is it me or the strata?
I bought my townhouse in 2014 and have recently discovered that my air conditioner unit, installed by the builders, has been leaking water into the property. Luckily there is no damage.
We have had a repairman out to fix the problem and he discovered the cause of the leak. The installers neglected to seal the pipes together adequately with glue and tape.
As the error was due to the actions of the original builder not correctly doing their job, does the repair of the air conditioner fall under strata maintenance responsibilities?
Answer: As it is likely not common property, you would need to repair it.
Generally speaking and without knowing where the external unit is located, an air-conditioning unit which services only one lot is that lot’s responsibility.
As for the defect in its original installation, as it is likely not common property, you would need to repair it.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
This post appears in Strata News #282.
Question: What are the Strata maintenance responsibilities for the repairs of air conditioners when each unit has an outdoor air conditioning unit within the lot boundaries of each residence and not on common property?
Our strata scheme in NSW self-manages the residents 6 properties.
One of our residents has asked for work to be done on the external air conditioning unit that services his townhouse. Each unit has an outdoor air conditioning unit within the lot boundaries of each residence and not on common property. The ducting and electricals are located within the ceiling space of each individual townhouse or single story unit.
What are the Strata maintenance responsibilities for the repairs of the air conditioners? Or are residents responsible for the repair/maintenance and replacement of their air conditioning units that are not on common property and are for the exclusive use of the resident?
Answer: The structure of the A/C unit sits within the cubic air-space of the lot and is, therefore, the responsibility of the individual lot owner.
Based on the information provided below, while the external units are technically attached to common property (because presumably the unit is installed on the external pavers/flooring which are usually common property), the fact is that the structure of the unit sits within the cubic air-space of the lot and is, therefore, the responsibility of the individual lot owner.
Also, as it appears that the wiring exclusively services each particular lot, then such wiring/ducting would also be the responsibility of the individual lot owner.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
This post appears in Strata News #195.
Question: When it comes to strata maintenance responsibilities, who is responsible for maintaining an individual unit’s ducted air conditioning systems when their main components are located outside the Lot’s boundaries?
Who is responsible for maintaining an individual unit’s ducted air conditioning systems when their main components are located outside the Lot’s boundaries? Particularly when the external condenser unit and all Freon conduits are located within common property and the evaporation blower and ducting are wholly within the roof cavity (above the ceiling)?
Under what circumstances if any would a Strata make an application to replace or repair faulty or failing Air Conditioning hardware?
Answer: The test for determining whose responsibility repair & maintenance befalls is whether or not there is an exclusive use by-law registered.
The test for determining whose responsibility repair & maintenance befalls is whether or not there is an exclusive use by-law registered. That will in all likelihood stipulate that repairs & maintenance is the responsibility of the lot owner benefitted by the installation.
In the absence of such a by-law, the responsibility would lie with the Owners Corporation and the Air Conditioning lot owner could compel the Owners Corporation to replace or repair the failing Air Conditioning hardware (rather than vice versa as you suggest). The Owners Corporation is liable to repair everything on the common property unless an individual lot owner has consented to repair responsibilities via a by-law.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
These articles are not intended to be personal advice and you should not rely on it as a substitute for any form of advice.
This post appears in Strata News #133.
Have a question or something to add to the article? Leave a comment below.
Read next:
- NSW: Q&A How do we go about installing air conditioning in an apartment?
- NSW: Q&A Duty to Maintain and Repair Common Property
Are you interested in more about strata maintenance responsibilities or information particular to NSW legislation? Visit Maintenance and Common Property OR NSW Strata Legislation
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Hi Leanne,
My air conditioning outside unit in common property in strata apartment have been damaged
(someone damaged a part of air conditioner fins) but can I ask the body corporate to fix this?
Hi Leanne,
Does this apply to a/c installed (and paid for) by an individual owner?
Several of our townhouse owners have installed split-system air conditioners with their outside units on common property.
Some were fitted in the past 3 months but most predate the recent strata legislation changes.
For each case, would you be able to outline Owners Corporation responsibilities, if any.
Hi peter2
We have received the following reply back from leanne Habib, Premium Strata:
Generally speaking, in the absence of any by-law/resolution/registered memorandum to the contrary, anything on common property is common property and therefore the responsibility of the Owners Corporation. So, in all likelihood the external units installed on the common property will be the responsibility of the Owners Corporation and the internal components exclusively servicing the lot will be an individual’s responsibility.
Presumably, the Owners Corporation wishes to relieve itself of any responsibility for such installations. If so, the Owners Corporation may pass a special resolution under Section 106(3) of the SSMA 2015 that:
(a) it is inappropriate to maintain, renew, replace or repair the property, and
(b) its decision will not affect the safety of any building, structure or common property in the strata scheme or detract from the appearance of any property in the strata scheme.
Alternatively, the Owners Corporation could make application to NCAT for orders for removal of all the air conditioning installations (because they were installed on the common property without being granted exclusive use rights or any licence).
Please confirm when you state “on the common property” you mean that they have installed the external unit outside the boundaries of their lot (ie not within the courtyard in which case the unit sits within the cubic air-space of the lot).