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Topic
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Our AGM (to be held shortly) is to consider a change to the balconies, which in a couple of places have deteriorated and are in need of repair. The basis stated on the motion is stated as “a necessary repair”.
The proposal consist of a change to the balustrade, raising the new balustrade level (height) to be consistent with the current standard. That is fine.
However the proposal ALSO includes the addition of “Screens” to all the balconies, which are not currently part of the building common property.
This I understand is to help shield a couple of Lots on the Western Side from the “afternoon Summer sun”, and I understand was desired to be included by the current Strata Secretary who owns a Lot on the “Western side of the building”
Most Lots are not affected by this and several Lot owners are asking “Why is the “Shade” being included when it was not part of the original balcony, adds considerably to the cost and does not impact them.
Questions:
1) Is the Motion required to be specified as a “SPECIAL RESOLUTION” requiring a 75% approval rate, because of the inclusion of the additional Balcony Screens, which would involves an “IMPROVEMENT / ADDITION to the common property”. (Its currently NOT stated as a Special Resolution)
2) Is the resolution with the Screens included “Out of Order” and as such should not be put”, & how would NCAT likely consider the matter.
3) Can the Motion still be considered by amending the motion, excluding the Balcony Screens ?