Mojo – not wishing to complicate an already complicated issue, but with reference to the following comment by Jimmy T……
There is also the issue of the new structures potentially being attached to common property, which includes drilling bolts into the floor and adjoining walls, and who takes responsibility for their maintenance.
… here’s a little relevant knowledge.
Any additions or alterations to or the erecting of any structure on the Common Property such as the existing grease trap, the ducting, and the proposed extension above the carspace that will presumably be attached to the ground and possibly to the walls of the adjacent garage, and the granting of an exclusive use privilege each require a Special Resolution as opposed to an Ordinary Resolution at a General Meeting.
The Motions must be worded in that way (i.e. by stating that a special resolution is required), the significance being that for a Motion of that type to pass, ≥75% of those voting (including by proxy) need to vote in favour, with the percentage calculation being based on their collective lot units-of-entitlement (UOE) and the aggregate UOE of all those voting (i.e. a “poll vote”).
Additionally the Motion must be accompanied by the draft of a Special By-Law prepared at cost to the proponent to amongst other things make them (i.e. the current and all future Owners of the restaurant) and not the Owners Corporation (O/C) responsible for the on-going repair and maintenance of whatever it is that she’s adding to or erecting on its Common Property, and incorporate the basis upon which she’ll pay the O/C for the privilege of that exclusive-use.
That was why Jimmy commented that you’d need >25% voting against those Motions to defeat them, so you’d best do some more informing and/or lobbying to either obtain sufficient numbers of attendees or their proxies to achieve that threshold and to thereby defeat the Motions, at least until such time as Owners are better informed about what’s being put to them.
Section 65A of the Strata Schemes Management Act (SCMA) applies.
Finally (unless you need more info at a later time) any Owner, or you with the written authorisation of an Owner, can for a small fee inspect and if necessary make copies of the O/C’s records. That should both rattle the cage and be informative should you seek to inspect the Minutes of the General Meeting/s that approved of the Owner’s DA and Application to Sydney Water for the wastewater connection through the grease arrestor.
Section 108 of the SCMA applies.