#13964
DaveB
Flatchatter

    I'd take a slightly different tack on this one.  Firstly, I see no reference in Fair Trading's information that they require a written complaint before a Notice to Comply is issued, although the dates and relevant details of the alleged infringements have to be provided on the notice.  

    Without knowing the full circumstances of the case, it could be that the current Executive Committee have become aware of issues which make the location of the air conditioner unsafe or an inconvenience to other residents. 

    It may be installed in such a way that the Executive Committee are only now aware of its existence, eg on a top floor balcony.  Perhaps leaking water down on balconies below, or has developed a defect which it makes it more noisy and obvious.  

    Yes it does seem rough that the new owner is held responsible for what the previous owner has done.   But as you point out its also rough when the other owners have to shell out the cost of its relocation. 

    The purchaser admits he queried the agent on permission being granted for the unit.  My experience tells me never to accept anything real estate agents tell me without independent verification.