@daphne diaphanous said:
They (our EC & the SM) are clobbering an elderly widow with a heart condition at the Tribunal to remove her a/c from the common wall (she had it installed last year) to her back wall. All of the clobberers, bar the SM, have all three “improvements” & nary a special by-law in sight.
BUT did the OC or EC pass an ordinary resolution approving any of these improvements because if they did then they have got approval for their alterations with the OC having to maintain them (due to their being NO SBL defining maintenance responsibilities). This to me is a crazy situation.
The good news is the Tribunal case will fail (IMHO) if the widow can show others have been granted permission and she has been denied. Just get her to submit a motion to EC or OC asking for retrospective approval for a/c. If the other clobberers did not seek approval she doesn’t even need to seek permission because they cannot apply the bylaws selectively.
My feeling is 90% of alterations don’t ask for approval, 9% seek approval and 1% do the correct thing and get an SBL passed. This is based on what happens in my Strata in QLD (where the onus is on the owner for maintaining any alteration done by owner and only an ordinary motion approving change is required).