Section 65A individual bylaw and major delays

I live in a unit block with 72 units. The building was built abut 45+ years ago.

I wish to renovate my kitchen and bathroom. I gave the strata manager notice that I intended to do renovation but I couldn’t formally submit the scope and design as it took several months to find a builder, and once I had, I submitted my designs, builders insurance and scope (quote from builder) to the strata manager.

I gave 5 weeks notice on when we wished to start (the bylaw they sent me said 21 days notice). I heard nothing until I chased the strata manager about 8 days later and he said ‘it was not approved’ as I needed a special resolution in a general meeting passed by the owners corporation and I needed to pay for a bylaw to be made for maintenance of the common property.

(I know he did not send anything to body corporate in that time as I asked someone on the board and they said they are having issues where he is not responding to their correspondence either).

I was told it would take a minimum of 5-6 weeks. However that was unlikely as someone had submitted a request 5 months ago and it is unresolved (according to body corporate member). The strata manager also said he has seen ones that has taken years to approve.

No one in our block has yet to have this bylaw. Renovations up to this point were submitted and approved but the Section 65A was not known (and therefore not used).

I’ve researched and the common property I’m touching;

– Tiles on bathroom floor (current tiles are not the original tiles as the unit has be renovated previously)

– Tiles on two walls in the bathroom (current ones are not original tiles – surely you argue if they are not original then they are not common property???)

– water membrane in bathroom (apparently the originally building had none)

– there is a cheap chipboard bulkhead in the bathroom with I assume pipes in it from above unit and the builder was going to replace with better materials.

– Tile splashback space above the kitchen sink and window shelf in the kitchen is common property (@1m width, 15 cm height).

– perhaps additional plumbing (would be less than 1 m) to add dish washer would need to be considered changes to common property?

– perhaps two additional power sockets (one in kitchen one in bathroom) would be considered changes to common property?

Otherwise plumbing and electrical are staying in the same place.

I was told by someone on the body corporate that they have a GM every 2 months. And then after the next one there is the AGM. So if it is not ready for the next GM, it could take until after the AGM. SO a minimum of 4 months.

I have put deposits on materials and there is no guarantee the builder will be available.

The strata manager have their own ‘preferred’ lawyer and the estimate quote was @$2000. Including their professional services and for ‘lodging’ the bylaw.

Although I tried to argue that we should have one bylaw for everyone about the renovation for things like tiles, he told me it was not allowed.

From what I can gather the strata managers are insisting that we must follow 65A and have individual bylaws for each unit doing renovation for things like floor tiles. The body corporate are unsure and by the sounds of it want independent advice (however they would need to get approval from the strata manager to do so).

I don’t like that the strata manager is forcing us to do this but we are unsure if there are alternatives to individual bylaws.

However I’m most concerned about the delay. There is a very real chance I will be financially impacted.

What can I do? Can I ask for it to be done retrospectively? Or would that cause further delays?