Can another owner stop me separating a shared laundry

I am unable to advise on this matter without a review of the evidence and information. As such, I would suggest you seek legal advice.

Generally, you appear to be in respect of two primary issues:

1. Common property changes which are unapproved; and
2. Common property decisions which disadvantage a particular lot.

Common property changes which are unapproved

Where there are unapproved common property changes, the owners corporation should take action to rectify those issues. This falls broadly within their powers to maintain the common property pursuant to section 106 of the Strata Schemes Management Act 2015 (NSW) (the Act). However, depending on when the changes were made, they may not have been unapproved at the time solely because no by-law was created.

Currently, section 108 of the Act requires a special resolution and a by-law to change common property (unless it is a minor or a cosmetic change; for those, see sections 110 and 109 respectively). Section 108 is a carryover from the previous Act: Strata Schemes Management Act 1996 (NSW) (the 1996 Act), pursuant to section 65A. But section 65A was not introduced to the 1996 Act until 2004 by the Strata Schemes Management Amendment Act 2004 (NSW). The reason for this amendment was that, before section 65A, there was no clear rule on how to amend common property, which led to confusion over time.

Thus, a common property change prior to 2004 where there is no evidence of its approval does not mean it is automatically unapproved. The party which challenges the validity bears the burden of proof. This is the general law principle known as "presumption of regularity", which has been applied to strata title, e.g. Davenport v The Owners – Strata Plan 536; The Owners – Strata Plan 536 v Davenport [2018] NSWCATAP 301.

Common property decisions which disadvantage a particular lot

In respect of disadvantage, an owners corporation is not allowed to make by-laws which are harsh, unconscionable, or oppressive: section 139 of the Act, nor can it unreasonably refuse to make a common property rights by-law: cf. section 149 of the Act.

However, whether the current circumstances meet those high standards cannot be determined only on the information given in the inquiry. The information and evidence would need to be reviewed.

I encourage you to seek legal advice regarding this inquiry.