#21323
scotlandx
Flatchatter

    Setting aside changes to common property requiring a special resolution – which is a valid consideration – go back to the strata manager in writing and ask for the following:

    – notice of EC meeting setting out the proposed resolutions to proceed with/effect those changes, and any supporting documentation, including quotes, experts’ reports etc;

    – date of the meeting at which the EC approved those changes;

    – minutes of the EC meeting at which those changes were approved;

    – date on which the relevant EC minutes were either posted on the strata noticeboard or provided to the other owners.

    Note to the strata manager that you are sure he/she is aware that any decisions of the EC require approval of the EC members at a properly convened meeting, and in the absence of such approval, the strata manager is not authorised to take any action, and in fact may be liable in the absence of requisite authority.

    Then note that as these (the venting of the dryers at least) are changes to the common property, you believe that the Act requires a special resolution to approve such changes to common property, and therefore any purported decision by the EC in that regard is outside the ambit of its powers.

    Then conclude by telling the strata manager that you require a response with all relevant documents within 7 days, and that you expect that no works will be undertaken until a satisfactory response has been provided.  If any works are commenced in the interim, you will lodge an application with NCAT.