Hi Ziggy,
Your argument for getting the SC to replace the balustrade has two legs..
1. The OC has a duty to repair and replace anything faulty – having no money is no defence
2. The OC has a duty to ensure reasonable safety (even if your building is such that it does not have to comply with the more stringent workplace safety requirements)
With this in mind, go back and see if the Minutes provide any clue as to exactly why the level 1 balustrade was replaced. Does this apply to your level.
Remind SC of their duties as appropriate. If no action, apply for Mediation which may lead you into an NCAT application if it still fails to achieve agreement & action.- in the form of getting quotes for work, raising special levy if necessary etc
Hope this helps
John Hutchinson – Strata Answers Pty Ltd – www.strataanswers.com.au