Attention Unit Owners – tell me how to convince the Body Corporate to allow Ducted Evaporative Cooling

PalmerstonPop 24 February 2009 20

My first posting – I live in a Unit complex of 11 Units at Palmerston – all on ground level – I really love Ducted Evaporative Cooling – we had it installed in a previous home at Dunlop – after a few days and nights in the 40’s my wife and I approached our Body Corporate and as usual a special meeting was convened and notices of our intent to install Ducted Evaporative Cooling – namely a Cool Breeze Heritage D095 Evaporative Cooler – more details can be obtained at internet site: www.adapt2eco.com.au

Results of this meeting and advised by the Body Corporate – 1 vote FOR 1 vote AGAINST – MOTION: FAILED

We know the person who voted against the proposal (our next door unit) – apparently the other 9 units did no cast votes – a person with no expertise in this type of unit could refuse outright is beyond us – can anyone enlighten us about any similar incidences concerning Body Corporate decisions and if this can be overturned legally??????


What's Your Opinion?


Please login to post your comments, or connect with
20 Responses to Attention Unit Owners – tell me how to convince the Body Corporate to allow Ducted Evaporative Cooling
Filter
Order
angry bob angry bob 8:44 pm 02 Mar 09

Woody Mann-Caruso said :

Our evaporative aircon unit is pretty much silent. There’s certainly no way anybody could hear it behind another wall.

I would’ve just installed it then dared the body corporate to sue.

Same here…….a bit like:..possession is nine tenths of the law.
However, be ready for a doodoo fight.

proofpositive proofpositive 10:41 pm 24 Feb 09

live in a Unit complex of 11 Units at Palmerston

You both answered and solved your own problem… next time buy something with separate title

Granny Granny 9:49 pm 24 Feb 09

Body corporate = Abandon all hope, ye who enter here

Kramer Kramer 8:57 pm 24 Feb 09

Speak to your neighbours about their concerns, but I reckon they are worried about the noise. However you can now get some pretty damn quiet evap units. Also look at options for the positioning of the evap unit on the rooftop, so it is as far away as possible from your neighbours.

GottaLoveCanberra GottaLoveCanberra 6:49 pm 24 Feb 09

It’s easier to ask for forgiveness than permission!

trevar trevar 2:39 pm 24 Feb 09

FC said :

Your first mistake – asking the body corporate!

That was the second mistake. The first mistake was moving in with a body corporate!

p1 p1 2:23 pm 24 Feb 09

Enjoy your good behaviour bond in air conditioned comfort.

Evaporative cooled, not air-conditioned. Although if they pin the murder on you, I guess you get the quality of aircon without having to pay the electricity bill.

Woody Mann-Caruso Woody Mann-Caruso 1:55 pm 24 Feb 09

Ah, I have it. Break in, strangle them then leave their naked bodies in a tub. Cop to the break and enter, but feign ignorance about the murder. Enjoy your good behaviour bond in air conditioned comfort.

p1 p1 1:11 pm 24 Feb 09

Given the voting structure described, an abstention is as good as a vote for, assuming that the person putting up the motion can be relied on to vote for it.

So arrange a vote for a day you know that your neighbour is away?

caf caf 12:23 pm 24 Feb 09

Given the voting structure described, an abstention is as good as a vote for, assuming that the person putting up the motion can be relied on to vote for it.

AG Canberra AG Canberra 12:18 pm 24 Feb 09

Offer to put one duct into their place?

Woody Mann-Caruso Woody Mann-Caruso 11:43 am 24 Feb 09

I’d call 9 out of 11 units who couldn’t be arsed voting a pretty apathetic body corporate. As for conflict – you’re already in it. Face it head on, or you’ve lost before you’ve started and these pathetic bullies win without lifting a finger.

toriness toriness 11:33 am 24 Feb 09

palmerstonpop – you would be better off going and speaking directly to your neighbours, explaining what you are installing and maybe taking some literature to show it is quiet and won’t disturb your neighbours – it is not just a matter of regulation but also a simple courtesy when you live in close quarters to other body-corporate style. when my neighbour wanted to instal some reverse system thingo she came and knocked on my door and talked to me nicely and showed on a plan where the outside unit would be, as far away from me as possible, and i signed the permission/release thing for her on the spot.

what WMC suggests would work in some situations ie a non-active body corp or apathetic neighbours – but do you really want to go down a path that might result in conflict?

Palin s Lovechild Palin s Lovechild 11:10 am 24 Feb 09

I live in a townhouse complex which has also delined the instalation of Evap ducted systems. One alone is not too bad for noise but if everyone gets them the noise will be an issue. I have reverse cycle ducted A/C which is perfect. outdoor motor very quiet, cooling effect excellent AND no window need be left open as with the Evap system.

The cost of being comfortable in your own house is worth the expense.

PS Body corps are strict because of people like Woody.

Regards

http://www.rackoffleftyscum.com.au

FC FC 10:59 am 24 Feb 09

I like your style Woody Mann Caruso!

Whatsup Whatsup 10:55 am 24 Feb 09

bloodnut said :

No offence but there are other airconditioning options available to you that are more suited to unit living. evaporative is noisy and cumbersome.

go and get a ducted split system that is not evaporative – i know its more expensive to run, but probably cheaper than moving house.

Not sure which evap system you are thinking about however ours is quieter than our neighbours spit system which was installed just a month ago. The new evap systems are pretty quiet.

Woody Mann-Caruso Woody Mann-Caruso 10:27 am 24 Feb 09

Our evaporative aircon unit is pretty much silent. There’s certainly no way anybody could hear it behind another wall.

I would’ve just installed it then dared the body corporate to sue.

bloodnut bloodnut 10:21 am 24 Feb 09

No offence but there are other airconditioning options available to you that are more suited to unit living. evaporative is noisy and cumbersome.

go and get a ducted split system that is not evaporative – i know its more expensive to run, but probably cheaper than moving house.

FC FC 10:15 am 24 Feb 09

Your first mistake – asking the body corporate!

However recently my Body Corporate sent out a letter regarding a proposed tree removal. They said in the letter that they required a majority to vote against, or the removal would go ahead.. I actually thought this a bit strange and seem to think that maybe they were just trying to deter ppl from objecting.
But it does seem strange that you B/C has refused a proposal with one objection, however my BC reckons they needed majority to object..

djk djk 9:33 am 24 Feb 09

Assuming your units plan has not altered the default articles (may want to check that), the relevant section is:

Erections and alterations
(1) A unit owner may erect or alter any structure in or on the unit or the
common property only—
(a) in accordance with the express permission of the owners
corporation by unopposed resolution; and
(b) in accordance with the requirements of any applicable territory
law (for example, a law requiring development approval to be
obtained for the erection or alteration).
(2) Permission may be given subject to conditions stated in the
resolution.

The key being the words “unopposed resolution” – this means that no-one can vote against it or it wont pass. So pretty much your only option seems to be convincing the neighbours. Have you tried talking to them to see what their issue is?

You could probably take it to the ACAT (basically the old AAT) if you wanted to take it further.

CBR Tweets

Sign up to our newsletter

Top

Search across the site