isydowner – Jimmy T is right by describing this whole situation as ludicrous!
There are a few things that still intrigue me about all this, so could you please clarify the following for me:
- Did all Units in your Plan have an air conditioner installed as part of the building’s construction, or were some installed afterwards?
- We’re talking about a split-system air conditioner, right?
- Does your balcony adjoin your neighbour’s balcony?
- Is the balcony shown as part of your Unit on the Strata Title Plan?
- Your neighbour’s original air conditioner failed, right?
- If there was room for the original air conditioner on your neighbour’s balcony, why was there insufficient room for its replacement?
- You mention that the works were approved “by paper”, and I assume you meant by the Executive Committee. Are there any minutes of that Meeting?
- Has there been an AGM since the installation of the replacement air conditioner, and if so, where was the expenditure on that purchase and installation shown?
- Your argument at the CTTT seems to have been about people accessing your property without permission, but did you not argue about the Owners Corporation locating the air conditioner on your balcony?
- What if anything did the adjudicator say about your neighbour’s air conditioner being located on your balcony?
Re the likely reaction to the suggested letter by your Owners Corporation (O/C) and your neighbour – the O/C purchased and installed the air conditioner (albeit improperly) but it services your neighbour’s Unit, and that’s why I suggested that you first give both of them the opportunity to remove the component/s that are located on your balcony, and that if neither does, you do so and return those components to, or at least make them available for collection by, your neighbour as the person who’s Unit it currently services.