I’ve been told by the Strata Manager & NSW Fair Trading that … we have no legal right to do anything further until the next AGM, which is in a years time. Is this true?
It may be true – and I’m not sure it is – but in view of the lack of responses, the key phrase here is “no legal right”. Is anyone likely to do anything if you just go ahead?
I’d be sending a letter from your lawyer to the strata manager saying that in view of the lack of objections, work will be commencing on minor renovations (which don’t require by-laws) on such and such a date. Then, once the tradies are on site, let rip and do the whole job.
You are trying to do the right thing, your neighbours are stalling (or just can’t be bothered to do anything) and you are suffering as a consequence.
You could pursue this through Fair Trading and NCAT but that could be a huge waste of time and money. And what are your neighbours going to do to stop you if they can’t organise themselves to discuss your proposals?
If you do go for it, you won’t be the first strata owners to perform major works and then let the owners corporation deal with the consequences.
That said, be very careful that your works won’t damage common property, the rest of the building or fall foul of local planning regulations … that could be a world of pain.