@Dodger said:
…Can the body corporate override the wishes of the owners? It contains a small number and the guys that want the change are on it.
I assume you mean ‘Can the executive committee over-ride the wishes of the owners?’
Not if it is expressed as a resolution of a general meeting. Also not if it would be contrary to the Act. Eg. if a decision requires a resolution of a general meeting, either by your by-laws or the Act or just a resolution of a general meeting directing the EC, then the EC can’t make the decision.
My understanding of the NSW Act is that you can’t do anything to modify common property without a special resolution of a general meeting. The ACT, with which I am more familiar has a range of ways to do things depending on the nature of the change.
In the ACT there is a mechanism for 25% of owners to requisition a general meeting to decide some question, even if the EC does not want to call a general meeting. I don’t know if NSW has a similar provision.
Meanwhile, Whale’s advice sounds good. Get an application in to the tribunal. It would be a brave EC that proceeds with authorising something that it seems it does not have the authority to authorise while there is an application in to the tribunal.