braveheart said: Am I correct in assuming that by acting in this way he has ceded responsibility for his new toy to the OC and that the EC can simply arrange its removal so that the common property can be restored to its original condition?
NO not entirely, but rather only if there’s no Special By-Law (SBL) already in place that enables consent by the Executive Committee to such works, so you need to check that.
If no SBL exists, then again the Owners Corporation only becomes responsible for the works if it does nothing to remedy the situation as soon as it becomes aware of it, and the current Owner at some future time sells or otherwise disposes of their Unit with the air conditioner in place.
So if there’s no relevant SBL, you need to formally advise your O/C (Secretary) and copy your Strata Manager if you have one about the circumstances, and about the fact that the works recently undertaken are in breach of Sect 65(A) of the NSW Strata Schemes Management Act (1996).
That Section makes what then needs to be undertaken fairly clear, but in summary the Owner of the offending works must either reimburse the O/C’s costs to restore the Common Property to its original state (i.e. minus the air conditioning components) units), or seek the O/C’s retrospective consent to those works by way of a Special Resolution taken at a General Meeting, where ≥75% of those in attendance need to (poll) vote in favour in order to grant that consent with or without conditions such as noise levels and screening of the outdoor unit, and to the drafting and registration of a SBL with those and other conditions such as, and with the Lot Owner’s written consent, making the maintenance, repair, and replacement of the air-conditioning system the responsibility of that Owner and all future Owners of the Unit concerned.
Unless the O/C is of the opinion that the above SBL would be of benefit to all Owners, such as where others may in future seek consent for similar works, then it is customary for the Owner of the presently un-consented works to also reimburse the O/C’s costs for the drafting and registration, and for convening the General Meeting.
So get moving with your investigations and if necessary advice to the Secretary and Strata Manager, and as the Owner concerned is an E/C Member note that retrospective consent in the absence of an existing SBL is not something that the E/C can itself do.