We have been planning to add a balcony to the front of our unit for some time. We originally gained the approval of body corp and subsequently council but when we built a ‘mock up’ of the balcony, it became obvious that the proportions were all wrong. We now need to submit another plan in which we have lengthened the balcony by approx 500cm each side thus spreading it more uniformly across the front of our lot.  We have not increased the width. When we re-presented the plan to all members of the body corp, all bar one lot holder were happy to sign off on it again. In addition to our ‘new’ balcony, the upstairs balconies need to be replaced because the timber balustrading has rotted and they have become a safety risk. The one member witholding approval of our plan is also objecting to the replacement of the upstairs balconies and has said that there is no need for replacement and that the timber could be ‘made good’ with a bit of reinforcement. As the lot holder in question previously moved a by law that any lot holder who has done a renovation was then responsible for the upkeep and replacement necessary on the renovation they had done, and as such he is responsible for the replacement of his balcony because he had it built, he obviously doesnt want any work to be done where he would have to spend money changing his balcony to match the replacement balconies upstairs.  The balconies which need replacement because they are a safety risk cannot match his because the old horizontal construction represents a climbing risk for children.

My question is; what percentage do we need to get approval from the body corp to have our balcony in its modified form.  There are 4 owners all with varying lot sizes.  Is a simple 3 out of 4 owners enough or does it revert to lot allocation and we need 75%.  This chap unfortunately holds approx 27% and now has taken the attitude that “he is over it” Not very helpful when we are looking to resolve the matter