db – firstly, whilst the Executive Committee (E/C) can meet to discuss the Owners Corporation’s (O/C) consent or otherwise to your renovations, the decision one way or the other and to create and register a Special By-Law must be made by way of a Special Resolution at a General Meeting of the O/C as a whole.
Secondly in order to pass, a Special Resolution requires a YES vote by ≥75% of those owners in attendance (both personally and by proxy) at the General Meeting, with that percentage being determined from a calculation based on the the units of entitlement (UOE) attached to each owner’s Lot and the aggregate UOE for the Plan.
So in your Plan of 3 Lots with say each having 30 UOE, on a vote to create and Register a Special By-Law where the other owners voted YES and you vote NO, that would be 60 UOE / aggregate 90 UOE, being 67% in favour, and that Motion would fail. Similarly, any vote to grant consent to your renovations would also fail if the votes, as you’d expect, were cast as above.
Lastly, if the UOE for each of the 3 Lots in your Plan is disproportionate and your NO vote cannot cause the Special Resolution (SBL) to fail, then any condition of a resultant SBL that requires you to maintain any components of your renovation that, despite your advice, the O/C insists are Common Property would be unenforceable unless you provide your written agreement to that condition in advance of the SBL being Registered, and I doubt that would happen.
So let the E/C have its Meeting with you in attendance, ask to address the Meeting, calmly reiterate your point of view including the advice that you’ve obtained from Fair Trading, L&PI, and elsewhere (i.e. here), and advise that on the basis of that (advice) you will be voting against any General Meeting Motion to create a SBL, that you will not be meeting any costs of the O/C, and that you won’t be agreeing to any Condition of a SBL that involves you maintaining Common Property.
Here is the relevant extract from Sect 65A of the NSW Strata Schemes Management Act; my emphases in BOLD:
Owners Corporation may make or authorise changes to common property
(1) For the purpose of improving or enhancing the common property, an owners corporation or an owner of a lot may take any of the following action, but only if a special resolution has first been passed at a general meeting of the owners corporation that specifically authorises the taking of the particular action proposed:
(a) add to the common property,
(b) alter the common property,
(c) erect a new structure on the common property.
(2) A special resolution that authorises action to be taken under subsection (1) in relation to the common property by an owner of a lot may specify whether the ongoing maintenance of the common property once the action has been taken is the responsibility of the owners corporation or the owner.
(3) If a special resolution under this section does not specify who has the ongoing maintenance of the common property concerned, the owners corporation has the responsibility for the ongoing maintenance.
(4) A special resolution under this section that allows an owner of a lot to take action in relation to certain common property and provides that the ongoing maintenance of that common property after the action is taken is the responsibility of the owner has no effect unless:
(a) the owners corporation obtains the written consent of the owner to the making of a by-law to provide for the maintenance of the common property by the owner, and…
.