I have done some (minor) research on the question of “acquiescence” and found this: The Owners Strata Plan No 6534 v El Khouri [2015] NSWCATCD 145 (4 December 2015)
It mentions “acquiescence” and the argument is accepted. However, as far as I know there is no concept of precedent in Tribunal cases. Each is supposed to be judged on its merit. So this is a Member in an appeal, agreeing with a Member’s decision IN THIS CASE.
So, acquiesence could be argued but it is not a lock-down certainty. For instance, if no one knew the air con was there, you could hardly argue that they accepted it.
It’s case by case and in this case, it sounds like the owner is getting worked up over nothing.
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