If you live in a strata scheme, you know all too well how hard it can be to find the right answers to strata-related issues. There are so many rules and regulations to wade through, and legislation is often updated and amended. This can make it difficult to understand which rules apply and how they apply to your specific situation.
Tim Sara, our Associate Director of Client Management, is no stranger to these types of enquiries. With over a decade of experience delivering excellent strata management services and a reputation across the industry as a thought leader and an expert in all things strata, he’s able to provide clarity for those struggling with tough questions. Here’s what he had to say in response to a question regarding minor renovations from the latest issue of The NSW Strata Magazine.
Q: Is replacing an existing air conditioner unit in the lot considered a minor renovation?
Does replacing an existing air conditioner unit in a lot require renovation approval from the owners?
A: Not all buildings follow the rules properly, and renovations are sometimes carried out without proper approval, or approval of renovations is not properly enforced.
Given the specific wording of regulation 28(d) of the Strata Schemes Management Regulation 2016 (NSW), which mentions “installing a reverse cycle split system air conditioner” but does not explicitly mention “replacing” an air conditioner, we need to interpret whether replacing an air conditioner can be considered a minor renovation.
Here is a more detailed analysis:
Legislative Framework
Strata Schemes Management Act 2015 (NSW)
Section 110(3) states that the carrying out of work prescribed by the regulations is considered a minor renovation.
Strata Schemes Management Regulation 2016 (NSW)
Regulation 28(d) specifies: “Installing a reverse cycle split system air conditioner.”
Analysis
The regulation explicitly mentions “installing” but is silent on “replacing.” Since replacing an air conditioner typically involves installation work, it can reasonably be argued that replacement falls within the scope of similar activities covered under minor renovations. However, this is an interpretative approach rather than a clear-cut legislative statement.
Practical Approach
1. Owners Corporation Consultation:
Present the case to your owners corporation or strata committee. Explain that replacing an air conditioner involves similar work to installing one, and seek their agreement to treat it as a minor renovation.
2. Legal Advice:
Obtain a legal opinion from a strata lawyer to confirm this interpretation, especially if there is any dispute or hesitation from the owners corporation.
Conclusion
While the regulation does not explicitly state that “replacing an air conditioner” is a minor renovation, it is reasonable to interpret it as such, given the nature of the work involved. However, to ensure compliance and avoid potential issues, consult with your owners corporation and consider seeking legal advice for a definitive interpretation.
Our Strata Management Team prides themselves on their attention to detail and knowledge of strata legislation, which allows them to achieve the best possible outcomes for their clients. They are committed to remaining at the forefront of the industry, building their expertise, and finding new ways to add value to the communities they manage.
If you want your strata scheme managed by an effective and responsive team that specialises in creating thriving communities, contact us today for your FREE quote.