Internal Renovations

I suggest trying to talk with the opposer and trying to find out what the objection is before taking the matter further.

It is best to approach any changes with full transparency and consultation so owners know that it will not affect them in any way.

Mr Strata is right (as is Struggler, for that matter).  Talk this through and if that fails, ask for the reasons to be given to you in writing. That can only help in any future dispute – even if they refuse, their conduct will be taklen into consideration if the issue goes to the CTTT.

A CTTT adjudicator can order the OC to approve an application if they think it has been uinreasonably denied.  And while Mr or Mrs 25 percent can block a special resolution, they don't have the voting power to demand an appeal if the OC loses at the CTTT.

Also, it seems like you can go ahead and get an order from the Adjudicator retrospectively but you would have to be pretty sure of your ground before you did that (and I for one would not advise it).

This, I think, is the relevant clause of the Act.

Division 2 Orders relating to property

140   Order relating to alterations and repairs to common property and other property

(1)  An Adjudicator may order an owners corporation to consent to work proposed to be carried out by an owner if the Adjudicator considers that the owners corporation has unreasonably refused its consent and the work relates to any of the following:

(a)  alterations to common property directly affecting the owner’s lot,

(b)  carrying out repairs to common property or any other property of the owners corporation directly affecting the owner’s lot.

(2)  An Adjudicator may make an order approving of alterations or repairs already made by an owner to common property or any other property of an owners corporation directly affecting the owner’s lot if the Adjudicator considers that the owners corporation unreasonably refused its consent to the alteration or repairs.

(3)  An order under subsection (2) is taken to be the consent of the owners corporation to the alterations or repairs concerned and may be expressed as having effect from a day specified in the order that occurred before the order was made.

(4)  An Adjudicator may specify in an order under this section whether the owners corporation or the owner of the lot concerned has the ongoing responsibility for the repair and maintenance of any additional property arising out of an alteration or repair to common property approved under the order.

(5)  If an order makes provision for the owner of a lot to have the ongoing responsibility for the repair and maintenance of any such additional property, the order also has effect in relation to any subsequent owner of the lot.

(6)  In deciding whether to grant an order under subsection (2) or to provide for the order to have effect from a day that occurred before the date of the order, an Adjudicator may take into account the conduct of the parties in the proceedings, for example, if an owner did not first seek the consent of the owners corporation before carrying out the alterations or repairs.

(7)  An application for an order under this section may be made only by a lessor of a leasehold strata scheme or an owner.

So if you hit a brick wall again, take this to Fair Trading for mediation, then to the CTTT if need be.

Get together enough all the information you can.  The engineers report, that you will only use licensed insured tradespeople (and check that they are), taking responsibility for any damage to common property by your tradespeople (EC/OCs fear damage to stairwells, lobbies etc from materials/tradespeople coming through), that all materials will be removed and disposed of (ie no building materials placed in residential bins but taken to tip), check with your council about regulations (my council is very helpful in supplying details regarding what can and can't be done), supply plans/diagrams of works and advise EC they are welcomed to see that work carried out is indeed the work you said would be carried out.

In my complex we had a resident who wanted to make changes.  The EC asked for details.  He said he would provide details after we agreed to it!  He wouldn't supply anything – measurements, where/how the changes were to be made, plans/diagrams, nothing.  Zip.  Just a very vague desciption with words like “about” or “almost” and “nearly”.  The EC said no because he was not willing to provide any details for us to make an informed decision. Saying “yes” to an idea could be a dangerous thing.