- This topic has 3 replies, 2 voices, and was last updated 9 years ago by .
-
Topic
-
My strata building of just 4 units is currently having 4 new windows costing $90.000. This was double the quote I got. But they went with it anyway. The frames are wood and at the AGM it was agreed by all 4 owners that the windows be painted white. Yesterday when I came home the painters where painting the windows green. I put a stop to it advising that they had the wrong colour. Turns out that the strata manager who is also the self appointed foreman didnt read the paper work and went for wrong colour. I want the right colour used. But the company doing the windows has advised that we would need to pay an additional $16.000 to change the colour. As this cost it expensive 3 other owners have said we have to live with it as we cant afford to pay more.
Im the baddy in all this. AsI think we should stick with what was agreed upon at the AGM. I’m being threatened with being sued if I persist with this. They are claiming I’m out voted.
Why should the owners be made to cover the cost when we weren’t the ones that made the mistake.
The paint clashes madly with the other colours.
Whos at fault? Who wears the cost?
-
Replies
-
Genna – Until the previous Motion about the white paint is overturned and changed by a vote at a General meeting then the previous motion stands. The Windows should be painted white.
In my opinion, if the strata manager has made a mistake with the paint colour then the strata manager should bear the cost of the mistake. The strata manager would probably have insurance to cover mistakes such as this. The strata manger appears to be trying to bluff the owners into capitulating so that they can avoid facing up to their responsibilities.
Changing the appearance of common property requires a Special Resolution (i.e. 75% of the vote). As I see it … if the OC had originally agreed to white paint and the paint used was green, then to change the colour from green to white would require 3 out of the 4 owners to vote for the green paint in a Motion at a General Meeting.
@Genna said:They are claiming I’m out voted.And there’s your problem.
If you force this and it’s put to an actual vote, you’ll likely be out voted. A new OC decision can override an earlier OC decision.
It seems the other owners are OK with the colour. It’s quite a subjective thing. And it seems the other owners might not be too happy about having another formal vote.
So unfortunately, you are most likely on your own, I’m afraid.
@Lady Penelope said:
Changing the appearance of common property requires a Special Resolution (i.e. 75% of the vote).I’m having trouble finding that requirement in the Act. Is it s.108?
But I suppose if the other 3 owners are OK with the colour, they’d even be able to pass a special resolution.