That is not a strata issue, it’s a person issue.
That is simply not true.
It is a strata issue if the owners corporation decides it want to get involved – and whether or not they can legally do so is the whole point of this post.
AVOs, as has been discussed many times on this forum, are hard to get and harder to enforce.
“… there is often a gulf between the letter of the law, its intent and its implementation. And it’s that latter reality with which we have to deal.” Your quote about APVOs from January last year
The question here is that, if the owners corp wants to get involved, would it be valid for them to do so? And my answer is, if the fan and aircon are common property and therefore causing the alleged nuisance, then yes, it is valid.
By the way, I also believe that corporations are, legally, considered to be “persons”. And what if the “affected owner” (I assume you mean the person receiving the complaints) gets an APVO against them to stop doing whatever it is that their fans and aircon are doing.
If it’s common property it’s not their equipment so there’s nothing they can do.
Assuming the equipment is common property, the common sense approach to this would be for the OC to stand with the owner – unless the owner is using the equipment incorrectly, dangerously or offensively.
In fact, if the “affected owner” simply said “This is not my equipment so I can’t do anything about it” the unreasonable neighbour might decide that taking on the whole building was a fight they didn’t want.
Either way, I stand 100 per cent by what I wrote before – if the equipment is common property, the OC can get involved and, in fact, may have little choice in the matter.