Iain, in an effort to clarify responses to your post/s I’ll contribute the following…..
Iain said ….. I think I understand more clearly that I don’t have to replace these (balcony railings) but as they aren’t a safety issue (they just look old and ugly) if I do choose to replace them as I’m now entitled to do given the 65A motion which has been passed, I should pay for the work required to alter those myself.
Correct
Iain said ….. the 65A resolution also attempts to compel other owners who are not enclosing (such as myself) to install matching spandrel on our balconies which is not required for fire compliance or BASIX but is merely required so that each balcony looks consistent. If I understand the summaries above, I cannot be compelled to do this work (at my own cost).
Correct
Iain said ….. and if the Owners Corporation decides that they want to do it in order to keep the look of the building consistent, then they can vote on that and the cost would be paid for by way of unit entitlements.
Correct, and without a Special By-Law being properly resolved and Registered on the Strata Plan’s Title, then the Owners Corporation (O/C) cannot prescribe those matters of style and construction that it desires, and furthermore, as its responsibilities to properly maintain its Common Property are unfettered under the Act, and as those additions and improvements that may be optionally undertaken by Owners under its past Sect 65A Resolution will naturally form part of that Common Property, it will additionally be responsible to maintain those.
So if the O/C doesn’t wish to be responsible for that on-going maintenance and repair of those balcony enclosures and new railings that individual Owners have at their option installed, then before anything else happens it needs to agree by special resolution at a General Meeting to Register that Special By-Law, so that with those Owners’ prior written consent, it can then legally transfer those responsibilities to them AND additionally mandate those matters of style, construction materials, and features (such as the spandrel) that Owners who by their choice act upon the Sect 65A Resolution must then comply entirely.
I think it’s time for you to do some lobbying in order to secure the 25% of like-minded Owners that’s necessary for you to collectively “requisition” the Secretary to convene an Extra-Ordinary General Meeting in order to put a ring-fence around this nonsense.