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In my original reply here I said there was no time limit on EC decisions. As you will see from SMO’s reply (item 9) I was wrong. Having said that, I have never heard of an EC being ‘timed out’ on a decision (but that doesn’t mean it hasn’t happened). In the interests of getting the facts right, I have amended this post. Thanks, SMO.
ECs that meet infrequently can agree on a course of action on a simple question by a quick ring around or email, if need be, and then formalise their decision at at their next meeting. This is simple stuff and owners should not be held up by the EC’s timetable.
If there is no change to common property and no serious impact on the amenity of other owners, I would be very tempted to write to the EC telling them that they have had enough time to consider this and you are planning to proceed.
[NB: According to section 128, you can seek orders at a tribunal for failure to perform their function withion two months. See Item 9]
They are free to take you to NCAT if they so desire, should they be unhappy with you proceeding without their permission.
If you wanted to get all ‘bush lawyer’ about it, you could point out that section 43 (3) of the Act says: “A by-law has no force or effect to the extent that it is inconsistent with this or any other Act or law.” You could argue that in their failure to apply the by-law by not considering your request, they have rendered the by-law invalid.
But, to be honest, all over Sydney people are doing a lot worse than installing new kitchens and getting away with it. I can’t advise you what to do but if this was my building I would give them seven days to respond then just go ahead.
How do they know whether or not you have drilled, screwed or hammered nails into anything? Just make sure your tradies don’t hit any vital pipes or electrical conduits and no one need be any the wiser.