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[annoyed007]

Hi,

we are in a block of four. We submitted all paperwork and applied for approval to renovate. Only two owners were financial- our unit and the owner of the unit upstairs. The other lots did not vote and were not financial.

The owner of the unit upstairs voted to approve as did we.

The tenant complained after being informed we would be renovating. The owner of the unit advised the strata manager she was rescinding her approval as the tenant did not want to have to live through a renovation.We have been told that our Reno is on hold pending legal advice.

is it possible to rescind in this situation? What are our options?

many thanks

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[Jimmy-T]

Anything is possible in strata.

However, until there is another meeting, and that meeting rescinds the vote, you can move ahead.  And when that second meeting occurs, you can tell them that you will be seeking compensation (under common law, not strata law) for having misled you by changing their minds.

I’ve never heard of a tenant blocking an owner’s renovation before.  But there’s a first time for everything.

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[annoyed007]

<p style=”text-align: center;”>Thank you for your prompt response . If we are the only two financial voters, how are the votes counted if a second meeting results in one vote yes from us and a no from the other? Can the current no voter call the meeting or does the owners Corp need to call it? Our other two owners will likely remain not financial and will not be able to vote. Thanks again,  our strata manager hasn’t been able to answer these questions for us just yet,</p>
 

 

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[scotlandx]

The meeting has been held, the motion was put and voted on and was approved. That is the resolution, you can’t “rescind” it in that way.

If the other owner wants to reverse it, they will have to call a general meeting with a proposed resolution to reverse the previous one. On the basis of the information provided, that resolution won’t get up, because there is no majority. That is what happens when you have one vote for and one against.

Perhaps you need to ask the owner what they hope to achieve, as they should pay the cost of any attempt to reverse the resolution. In any event, if they continue to attempt to block your renovation, the next step is NCAT, where assuming you are not doing anything outrageous, the OC will be told you can go ahead.

So I would start on your renovations now.

 

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[annoyed007]

Thank you again for taking the time to respond – very useful info. We have proceeded as suggested and thankfully have a very level headed strata manager to assist us.

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[annoyed007]

This forum has been a godsend now on several occasions

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