In general terms, I applaud the Supreme Court decision.
For instance, it means that a new owner cannot demand that a 40-year-old building he bought into be upgraded to offer Foxtel, just because it’s the “modern” thing. It can be done, but only if the OC pass a Special Resolution (75%+).
I read of a case some years back, and I believe it was in QLD, where a woman bought a unit in an older walk-up block. Some time later she had an accident and ended up a quadraplegic. She sued the OC to force them to make the block wheelchair accessible. And won.
The only part of the recent decision I have a problem with is not being able to sue for damages for breach of statutory duty. What if you had a high brick retaining wall which was starting to lean, and the OC (stupidly) resolved not to repair or replace it. Then it collapses, injuring a resident?
I think renovations and upgrades are quite a separate issue to “maintaining the CP to a serviceable state” (not necessarily to a brand-new state or a “modern” state), and are already adequately distinguished in the Act.