I delayed replying for a couple of days just in case somebody else had some suggested solutions to your problem, because I only have one!
On the basis that the information you’ve provided is correct, and with reference to the NSW Strata Schemes Management Act, the Owners Corporation:
- Should not have entered your property without your prior permission [see Sect 65(4)]
- Should not have replaced an air conditioner that was the private property of an Owner
- Should not have attached that air conditioner to the Common Property (floor & walls) of your balcony without the prior consent of ≥75% of Owners present at a General Meeting [see Sect 65(A)], and…
- As the CTTT made an incorrect ruling in my opinion…..
I suggest that you immediately write to your neighbour (the Owner of the air conditioner) with a copy the Secretary of your Executive Committee stating that the Owners Corporation’s installation of the air conditioner on your balcony was both an inappropriate use of its funds and contrary to the provisions of Sect’s 65(4) and 65(A) of the Act, and to insist that they make proper arrangements with you to enter your property for the purposes of removing that air conditioner, and that if that’s not done within say 7 days, you will make those arrangements yourself and have their air conditioner returned to them (i.e. your neighbour), and seek a reimbursement of your costs to do that from them, and in default, from the Owners Corporation who improperly installed it.
Again, if everything that you’ve advised is correct and that nothing of relevance has been omitted, you should be prepared to take them on by having the air conditioner removed. The worst that could happen is that you’re out-of-pocket!