- This topic has 2 replies, 2 voices, and was last updated 1 month, 2 weeks ago by .
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We live in an 8 unit strata built in 1963 and have been arguing with the strata committee re waterproofing and balustrade replacement. We are now all in agreement that even though not all balconies need waterproofing we have definitely three balconies which have concrete cancer and under the new code we need to upgrade the balcony balustrades on these units. Given at least 3 balconies will need to have their waterproofing renewed and under the new code which says you need to bring the balustrade up to code we have decided to do all balconies and balustrades so everything matches
Our issue is that our strata committee engaged a lawyer for $7.5k to send us two letters asking us why we were against the balustrade reinforcement that was proposed which would have meant we would lose 50%$ of our balcony. Finally, the committee has agreed to replacing the balustrade with a new frosted glass rather than the reinforced brick option which we paid $5.5K for the engineer to design and $7.5k in legal fees against us without having asked owners approval.
I have challenged the SM and the most vocal committee member and the only reasson they could come up with for engaging a lawyer was because they said we said ‘we would not pay’. We have owned strata apartments since 1983 so we understand you can’t refuse to pay levies or special levies. As I pointed out to the SM and the comittee member who was most vocal – you cannot spend $3K+ without owners agreement and why should we pay towards this when it’s against us.
My question is what recourse do we have to recouping our share of the legal fees of $7.5k.
Thank you
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As I pointed out to the SM and the comittee member who was most vocal – you cannot spend $3K+ without owners agreement and why should we pay towards this when it’s against us.
Are you sure about that? There’s a standard item that comes up at AGMs allowing the Owners Corporation to agree to a different limit on unapproved spending. Many if not most atrata scheme set a higher limit as $3k is nothing these days. Check the minutes of your last AGM before you head for the barrricades.
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- This reply was modified 1 month, 3 weeks ago by .
Section 103 seems to be where the $3000 figures comes from and it is for NSW.
The question then needs to be if the issue is urgent or not urgent.
In Victoria that limit does not apply.Is the $7.5K lawyer fee a levy to be paid between the 8 owners or an invoice directly to you?