There is a very simple process that you can employ here. You send a letter which you read out at the meeting and ask to be minuted that:
a) You believe the changes to the balustrades are an upgrade not a repair.
b) If the proposed changes are made without proper authority – i.e. a special resolution – you will challenge this at the NSW Civil Administration Tribunal.
c) Because the Strata Manager and those wanting to make the changes have been told that they require a special resolution, you will seek orders at NCAT that they and those who agree to go ahead with the work in the knowledge that it may be a non-compliant decision be held responsible for all costs.
d) Asking other strata managers for their opinion is not a valid way to resolve this. The strata manager should have consulted a strata lawyer. Considering the expense of the work and the opposition to it, as well as the level of opposition to this, you have to ask why they have not done so.
Now, having said all that and having argued all the ins and outs of who should be doing what, there is a safety issue here. The balustrades would not be compliant if they were being installed today. The regulations are about safety – not rules for their own sake.
So while we are saying you are right to argue this is an upgrade not a repair, and while it may not be legally necessary to change the balustrades, that doesn’t necessarily mean it’s a bad idea.