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[alinka]

Hello,
Would somebody be kind enough to give me advise on following issue:

As mentioned some months ago, two of 8 owners would like to have their balconies upgraded at the OC cost. Two reports through a structural engineer and council were already done. They couldn’t find anything to be wrong with the balconies. Only comment was that they don’t comply with current BCA, but with the BCA when the building was built.
At the last EGM (July 2014) the motion was dismissed, because it was not stated that special resolution is required (see below the motion and the minutes).

EGM 2014

Agenda motion:

That the western balustrades of Units ……. be replaced to make them safe and also compliant with the current BCA standards.

Minutes:

Submitted by the Owner of Unit ….
Motion Declared Out Of Order By the Chairman.
There is no supporting evidence that the balustrades are not safe thus any approval under this motion would require a special resolution as it is considered an alteration to common property under Section 65(A)1.

Now we are having another EGM, conducted without our strata manager and again the two owners, who want to have their balconies upgraded, put the same motion on the agenda again, with the only difference that they are going already to present quotes for the upgrades. Our strata manager, who prepared the agenda for the meeting, once again didn’t put that special resolution is required (see below). Unfortunately our strata manager is not neutral and always on the side of these two owners.
From the 8 units, 4 are in favour and 4 against. The applicants are pushing for a simple resolution, because they know, they would have the majority through the unit entitlements, but wouldn’t get the 75%, needed for the special resolution.

Motion EGM 31.3. 2015

That the western balustrades of Units ……. be replaced to make them safe and also compliant with the current BCA standards. Note: Quotes will be supplied to all owners at least one week prior to the meeting.

Could you kindly advise me, if the owners, who are against this motion, can ask the chairman to call the motion out of order, because it is not stated that special resolution is required?

What shall we do, if the chairman (one of the applicants) refuses to do so and will handle it as standard resolution. Can we advise him that we are going to take him to CTTT and make him responsible?

What can we do against our strata manager, who is supporting these owners and knowingly refuses to put for a second time the motion as special resolution.

I would be very thankful for your advice how to deal with this situation.

Thank you
Alinka

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