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    alinka
    Flatchatter

      Can you please advise.

      At the EGM on the 19.6.14 motion regarding balustrade upgrade to the current BCA was dismissed, because it required special resolution, what was not stated on the agenda. Two owners didn’t accept it and took the OC (4 opposing owners) to the CTTT.
      The mediation supposed to be on the 22.9. in the morning of the AGM. The applicant’s lawyer asked for the mediation to be postponed to a later date.
      The owner, who is the main force in the replacement of the balustrade, asked in his motion at the AGM agenda to seek an independent legal advise (paid by the OC) what kind of resolution is required, before the mediation will take place.
      We are block of 8 units, 4 are in favour of the upgrade, 4 are against.
      The argument of the opponents was that it will be waste of OC money to get an independent legal advise when the 4 opponents are taken to the CTTT by this owner anyway. The OC has also two reports (done on the request of this owner). These reports didn’t find anything to be wrong with the balustrade, only that they don’t comply with the current BCA.
      Despite that the owner said several times at the AGM, he is not going to accept the independent lawyer’s advise, if it doesn’t go his way, the strata manager asked the OC to vote on it. The strata manager is always supporting this owner.
      The 3 owners, who are on the side of this particular owner, have together 54% of entitlements. This owner called poll voting and he got his way through.
      Can we, the 4 other units with lower number of entitlements take this decision to the CTTT with the argument, it will be waste of OC money, when this particular owner is already taking the 4 opponents to the CTTT anyway? After all the CTTT will make the decision on it.
      I would be great full for your advise.

      Alinka

    Reply To: Reply #22368 in AGM decision – can something done against it
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