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Whale- the underlying issue is that the other 2 owners have joined the forces against me on a number of issues.  We recently sacked a strata manager. The newly appointed strata manager has sided with the other two owners – probably because if the manager keeps the other two owners ‘happy’, the manager won’t be sacked (it’s 2vs1).

So whatever I do (ie holding EC meetings or EGMs), it will always be the same situation: the other 2 owners against me.  If I request an EGM, what ever agenda/motions I put forward (ie correcting the AGM minutes, organising repairs of broken tiles on my lot etc etc), the other two will vote against me. So the minutes of the AGM will never get corrected, I will never get the repairs done etc. Is there any process that can enforce the rectification of the issues?

@PeterC said:
General meeting procedure is for minutes to be accepted as accurate as a decision of the next meeting. In practice our EC often circulates a draft of minutes among ourselves by email. Usually one or other of us will have a few changes to suggest. When we are agreed it is forwarded to the manager. At the next EC meeting we record the ‘out of session’ decision to accept the minutes. 

What happens when the other two committee members send the inaccurate EC minutes (the inaccuracies benefiting their causes), despite my objections, to the strata manager? 

How can it be corrected?

Whale- thank you for your comprehensive response. The other two OC members seem really stubborn. One of the issues with that is, apart from wasting my time to deal with them, is that they are incurring unnecessary costs. For example, the EC meeting on Monday will be attended by the strata manager (whose attendance we will have to pay) – which I find to be a total waste of money. I requested the strata manager not to attend. I suspect that meeting will be followed by another, probably an OC, meeting – for which we will have to pay our strata manager to attend again.

Is there any way that I can stop these unnecessary and meaningless meetings from occurring, or can I make the other two owners (who request these pointless EC and later OC meetings) pay the costs out of their own pockets (ie additional strata fees)?

Can the other two OC members go alone to create and register the SBL regarding my renovation, and then somehow get the strata manger to pass the bill to me? I suspect the answer is no (because of 65A(1) – I will fail the special resolution, and 65A(4)(a) – I will never consent to the SBL), but just double checking.

As you suggested, in the upcoming EC meeting, I will try to explain the advice I got from the DFT, LPI,others and this forum (ie you). Can you please let me know what your background is in relation to these matters is – your depth of knowledge seems impressive?

@Whale said:
Can you explain how it is that both a water supply and sewerage line are in the air space of your garage, and how the sewerage line services only your Lot?

In a way preempting your response, if you mean that both pipes are attached to the inside face of a wall, and that’s common / perimeter wall, and your sewerage line is integral with one that services the other two (2) Lots, then I’d agree with your Strata Manager.

However if the wall with the pipes attached is an internal / dividing wall within your Lot, and the sewerage line serving your Lot has a gully-trap at the point where it meets the one that services the other two (2) Lots, then I’d agree with NSW Land & Property Information.

Consider also that under either scenario, if the toilet pan is fixed to the floor of your garage, then technically it’s being attached to the common property and your Owners Corporation could require you to seek its consent to do that, although that would be a bit finickity in my opinion.

Either way, you’d need to use the services of a Licensed Plumber & Drainer and provide their License and Liability Insurance details to your Owners Corporation.

Whale, in response to your question:

The water supply is in the air space of my garage because the water supply pipes are attached on the internal / dividing wall within my lot (the wall is between my garage and my living room), and the water pipes supply the hot water system which is situated in the corner of the garage. The hot water system services only my lot, and it is my property (ie when it breaks down, I need to repair / purchase a new one).

The sewerage line is in the air space of my garage because it enters the garage air space from my upstairs bathroom (which is above my garage – it’s a two storey town house) through the ceiling. The sewerage line then travels down from the ceiling through my garage airspace (along an internal / dividing wall – NOT a common wall), and then finally enters into the garage concrete floor. From underneath the garage concrete floor, the sewerage line travels further towards the other town house and eventually it meets either the sewerage line servicing one of the other two town houses or the main sewerage line. The bottom line is, even if I completely cut off with a saw the sewerage line in my garage air space, it would not affect the service of the other two town houses what so ever.

The toilet pan will not be fixed to the floor of my garage. Rather, I will build a false, elevated wooden floor, tile it and then install a toilet pan on it. Not sure if this makes any difference at all.