#15344
Sir Humphrey
Flatchatter

    @basjan27 said:
    …we’re worried the majority on the EC will delay a requisitioned EGM until after they sign off very expensive piece of work, which the majority of OC want to stop…

    Why would the EC want to rush into a bit of expensive work? I only comment because last year the above quote could have come from one of our owners while I was on an EC that wanted to do some urgent work without waiting for a general meeting.

    In our case we would have waited till an AGM to approve a budget in the usual manner except that the work was an urgent repair that we believed the OC was responsible for which if not performed immediately had potential to kill someone. As it happened, moving as briskly as we could, by the time work could start, the AGM rolled around anyway. The person who was outraged about the work lobbied dug up some astonishingly poor advice from a former managing agent who had advised her as part of an earlier EC to ignore the early signs of the problem years earlier. She did have my sympathy in as much as the earlier committee was acting on advice that they should have been able to rely on. Nonetheless, rather than listening to a new view she muddied the waters so much for the rest of the owners that we needed heavy duty, formal legal advice to clarify what had been obvious to the more recent EC about our responsibilities. In the end the AGM was convinced by the recent EC and only that earlier EC member and one other in the room voted against proceeding with the works.

    Maybe this isn’t your situation, but sometimes an EC just has to go ahead regardless and work out who pays later. Teys Lawyers put this well in a training note: “Managing the risk of failing to repair and maintain common property”