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Tony – a recent post by SMO revealed that under the provisions of Sect 138 an Adjudicator can make Orders to settle disputes such as yours in circumstances where an Owners Corporation or Building Management Committee decides either to not make a decision, or if within a period of 2 months (from its receipt of an application such as yours) it doesn’t make a decision.
Must say… I can’t understand why Council would require a DA for an awning – one of your earlier posts suggested that was the O/C’s requirement, so who’s now advising you of that; the O/C or the Council?
IF a DA’s required, Council wouldn’t consider it unless the O/C’s Seal had been placed on your submitted plans, and that wouldn’t be in place unless the O/C’s consent had been given. Whether that consent would require a Special Resolution (75%) for changes / alterations / additions to the Common Property would depend upon whether or not an already registered Special By-Law of relevance exists (i.e. to shutter proposals).
I’m also unsure of how enforceable those architectural and landscape standards would be; if they’re not in the form of a Special By-Law or something that you legally agreed to at the time of your purchase, I doubt they would be.
Apologies in advance if I’m now about to further confuse the issue, but perhaps you should just wait patiently for the prescribed 2 months, and if your O/C is again unable to advise you either way, then it’s Orders under S138 that you should be seeking.
It’s this sort of nonsense that turns people away from Strata Living, and/or encourages them to simply ignore the BS and chest-beating that’s proffered by some E/C’s and to just do as they please and rely upon the NCAT’s process to see everything so delayed that one of the protagonists gives up!