Thom – thanks for the Christmas Greetings, and right back at ya!
What I meant by the use of the phrase “neither is discretionary” is that compliance by the Executive Committee (E/C) with Sch. 3 Cls 6 & 12 and indeed every other provision of the NSW Strata Schemes Management Act (SCMA) is as you have observed, mandatory.
So it follows that if an E/C doesn’t comply with the SCMA by issuing Meeting Agendas and Minutes or indeed anything else, then YES the Meeting would be invalid.
Make sure that the Agenda and Minutes weren’t posted on the Owners Corporation’s Notice Board instead of being provided to all Owners, but in any case it’s up to the E/C to prove it did produce those documents.
Regarding that change to your balcony, I recall your original post about a neighbour’s airconditioner being installed there and the sound advice that Flatchatters then provided; so at the risk of opening a can-of-worms what was the outcome of that?