24 February 2009

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

| PalmerstonPop
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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??????

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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.

proofpositive10:41 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

Body corporate = Abandon all hope, ye who enter here

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.

GottaLoveCanberra6:49 pm 24 Feb 09

It’s easier to ask for forgiveness than permission!

FC said :

Your first mistake – asking the body corporate!

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

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-Caruso1:55 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.

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?

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.

Offer to put one duct into their place?

Woody Mann-Caruso11:43 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.

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 Lovechild11:10 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

I like your style Woody Mann Caruso!

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-Caruso10:27 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.

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.

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..

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.

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