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Thank you, Jimmy, for the detailed reply.
Strata committee members must act honestly, fairly, and in compliance with the SSMA 2015 and the scheme’s by-laws. While the offending committee member has clearly failed to meet those obligations, there is no intention to remove him from the committee.
All owners follow the by-laws and seek approval or guidance from the strata manager when required. This new owner joined the committee and acted as though membership allowed him to bypass the rules. When questioned, he provided a minimal explanation and attempted to shift responsibility to a former SM. Given he previously lived in another strata scheme, it’s difficult to accept that he was unaware written approval was required.
Allowing this AC unit to remain would send the wrong message to other owners. It would raise questions about the committee’s integrity and fairness, and suggest that joining the committee gives someone a free pass to ignore strata law and the by-laws.
I understand that reverse-cycle air-conditioning can fall under sustainability items, but in this case the issue isn’t the type of AC unit – it’s the location. The unit was installed on the primary building façade and is clearly visible from the street, which has a significant impact on the external appearance of the building.
The sustainability rule does not protect a bad location or an unauthorised installation. Even with sustainability provisions, installations still need to be in a reasonable and appropriate position. A primary façade installation generally isn’t considered acceptable, so I think that the sustainability rule wouldn’t change how this one is dealt with.
The SC is not responsible for educating an owner. If the strata manager has advised the offender to submit a retrospective approval application and he decides that his letter is sufficient, then the committee should proceed to vote, refuse the request, and instruct the strata manager to issue a Notice to Comply. If he still refuses to comply, the matter would move to mediation and then NCAT. This would be the fastest path, and it is difficult to see how NCAT would support his position.