#38150
Lady Penelope
Strataguru

    In my opinion, some issues that you mention don’t really concern you so I cannot quite understand why you are worried about them.

    Over capitalization or a ‘silly’ renovation – is not your concern.

    Renovating to sell – is not your concern.

    Not obtaining a CDC prior to OC approval – It is my understanding that the OC approval must be approved prior to a CDC application as the OC approval forms part of the CDC application. An application for a CDC cannot be submitted without first obtaining approval for the renovation from the OC. Perhaps the owner is in the process of undertaking an application for a CDC now?

    No CDC at all, when one is required –  this may be a problem for the owner who may incur a fine, or have difficulty when they sell the apartment and/or have difficulty obtaining insurance but this is not something that should bother you.

    Noise issues – yes it may concern you if you are an owner directly adjacent or directly underneath, but perhaps noise mitigation has been included in the renovation and may be why it was approved by the OC. Are you an owner within this category?

    When you mention that the Special Resolution was registered I am assuming that the by-law was registered.

    Electronic voting approval – was the wording in the Motion regarding the change of voting method for the AGM recorded as a ‘must’ or a ‘may’? If it was recorded as a ‘must’ and you believe that the vote may have had a different outcome had electronic voting been used then you could take the matter to NCAT. If it was recorded as a ‘may’ then voting by electronic means is optional rather than compulsory.