I think it is worth repeating that based on adammark’s information, the previous two balcony enclosures were not illegal/unauthorised – they were approved by the EC. The fact that the EC did not require a by-law does not make those works illegal. The EC did not turn a blind eye, they approved the works.
10 years ago renovations to a lot in our scheme were approved with no requirement for a by-law in relation to changes to the common property, although it was a condition of approval that the owner was responsible for the works going forward. Another lot owner has recently done works without authorisation, and we are requiring him to seek approval and have told him a by-law will be required, and he will have to pay the costs of that. If he doesn’t, then he will have to reinstate the common property. Things change, many strata schemes are becoming more aware of the need to manage risks and put measures in place to protect the owners as a whole.
In this case, the EC is doing the right thing – adammark should focus on getting what he wants and meeting the reasonable requirements the EC has indicated it will impose. As I have said previously, this could also be used as an opportunity to bring the other two lots into line, and adammark should suggest that.