Jimmy thanks again for your perspective.
I hear you regarding going after the lot owner and not the SC, as per the Bannermans’ article.
In our case we did just that. After reviewing the history, it seemed that the lot owner (previous to the existing one) did not include the hard floor in her application for renovation approval. Not to the OC or the local council. So yes, in our case we focus on the (current) lot owner to remove the flooring and for NCAT to remove her from the SC as breaching by laws is not compliant with ss 37 and 260, we assert.
The reason the SC is involved in our matter is due to another SC member who asked for his renovation to be approved at a general meeting where the SC and strata manager decided that nobody was allowed to attend. Owners could only vote ahead of the so called (person free) meeting. We asked NCAT to void resolutions (which were all passed at the so called meeting) because a proper understanding of the ramifications of the renovation was denied to the OC. We believe that the SC member put his own interest ahead of ALL owners, breaching ss 37 and 260