Always assumed you had a legal background Whale!
Basically, my OC arranged to have a neighbours air conditioner unit installed on my balcony whilst My wife and I were at work without so much as a mention in the meeting minutes. This rusted on member claimed there was no where else to put the equipment, including the balcony of the unit it was serving being my direct neighbour, and that they had an obligation as per the Thoo decision.
The Adjudicator sided with my OCs legal representative who claimed it was a s62 issue regarding maintaining common property but nothing was broken!?!
Either way, it was plain to see that if you told an NCAT member the sky is purple a certain ammount of times, they’ll agree! Although this occurred just before CTTT became NCAT.
If you were in my position what would you have ‘argued’ as it seems an impossible breach of s62 is enough to enter onto someone’s balcony while they are out and build away. I’m suprised my dog just let them build away too!
My scheme is in Paddington, but we have an onsite caretaker who sleeps at the front door all day and who would give complete strangers access. I don’t blame him, but rather the EC mber who arranged access between balconies… innocent tradies could have fallen to their death if anything went wrong!!