#25758
Jimmy-T
Keymaster

    unless it’s a special resolution by-law, the EC can change it’s mind as it pleases.  However, they have to justify their decision when challenged at NCAT and this would be seen as petulance, pure and simple.

    The fact that you have gone to mediation is great as you can now move to the next step which would be to seek orders under section 140 (see below) at NCAT compelling them to approve the changes.  I would also warn them that any further attempts to obstruct you will result in a claim for compensation for costs and an application to NCAT to have a strata manager appointed to take over the running of the scheme.

    Go back to your original plan and get NCAT to force them to accept it.  

    140   Order relating to alterations and repairs to common property and other property

    (1)  An Adjudicator may order an owners corporation to consent to work proposed to be carried out by an owner if the Adjudicator considers that the owners corporation has unreasonably refused its consent and the work relates to any of the following:

    (a)  alterations to common property directly affecting the owner’s lot,

    (b)  carrying out repairs to common property or any other property of the owners corporation directly affecting the owner’s lot.

    (2)  An Adjudicator may make an order approving of alterations or repairs already made by an owner to common property or any other property of an owners corporation directly affecting the owner’s lot if the Adjudicator considers that the owners corporation unreasonably refused its consent to the alteration or repairs.

    (3)  An order under subsection (2) is taken to be the consent of the owners corporation to the alterations or repairs concerned and may be expressed as having effect from a day specified in the order that occurred before the order was made.

    (4)  An Adjudicator may specify in an order under this section whether the owners corporation or the owner of the lot concerned has the ongoing responsibility for the repair and maintenance of any additional property arising out of an alteration or repair to common property approved under the order.

    (5)  If an order makes provision for the owner of a lot to have the ongoing responsibility for the repair and maintenance of any such additional property, the order also has effect in relation to any subsequent owner of the lot.

    (6)  In deciding whether to grant an order under subsection (2) or to provide for the order to have effect from a day that occurred before the date of the order, an Adjudicator may take into account the conduct of the parties in the proceedings, for example, if an owner did not first seek the consent of the owners corporation before carrying out the alterations or repairs.

    (7)  An application for an order under this section may be made only by a lessor of a leasehold strata scheme or an owner.

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.