‘Just’ – l know that the wording of the current Act requires a deal of interpretation, but I was coming from the angle that if the planter box is fee standing, then the E/C wouldn’t be altering or changing any areas of the Common Property by removing it.
If on the other hand it’s fastened to the floor or to a wall and the E/C or the Owners Corporation (O/C) for that matter wants to remove it, relocate it, or make it bigger/smaller, then S65A would apply in each of those scenarios.
For Welly’s info., in NSW S65A is a section of the Act that deals with changing or altering Common Property. If necessary in your case, that action requires a Special Resolution of the Owners Corporation where at least 75% of those Owners present at General Meeting both personally and by proxy need to be in favour of the Motion, with that percentage determined from the unit entitlements of those Owners ÷ the aggregate unit entitlements for the Strata Plan.