Having been proved wrong the last time I questioned advice from Stevecro, I am loathe to stick my head in the lion’s jaw again.
However, what section 65A says is:
(1) For the purpose of improving or enhancing the common property, an owners corporation … may take any of the following action, but only if a special resolution has first been passed at a general meeting of the owners corporation that specifically authorises the taking of the particular action proposed:
(a) add to the common property,
(b) alter the common property,
(c) erect a new structure on the common property.
Is the placing of planters “adding to common property” in the terms of the Act? If that is the case, it clearly states that a special resolution must first be passed.
Frankly, I would have thought a decision by the EC would have been enough unless the planters were a permanent structure that requires building work.
But then I have been wrong before. However, if I am right, a majority of owners at a subsequent general meeting can order them to rescind the decision and remove the planters.