- There is nothing in the SSMA about precedents but you could use this if you went further to adjudication through NCAT, they may consider precedents within your scheme, I guess it wouldn’t hurt to mention it if you do make an application. You can try dispute that the OC is unreasonably refusing you permission to go ahead with the work. Whether or not your EC or OC takes notice of precedents is neither here nor there, if they decide to take precedents into consideration they do, if not then you will have to go down the same dispute resolution avenues (mediation & adjudication). It doesn’t matter whether it’s a typical or simple request, makes no difference in the end.
- A special by law cannot be ‘approved’ by the EC, it has to go to a General Meeting of the OC for approval as you probably know.
You can try call an EGM if you have enough support from other owners within your scheme, and submit a motion on the agenda to obtain permission to renovate your balcony. This decision at an EGM will overturn any previous decision made by the EC. The chair person’s role in a strata scheme is to chair meetings, they do not have any additional powers or decision making ability than any other member of the committee or the OC. Some chairpersons think they are the ‘president’, ‘king’ and almighty ruler of the OC, which is quite funny and a good laugh.