[Jan Shaw]

Can I please get further clarification about having a special resolution to say “no” for this to be rejected?  Does it mean that we can have a special resolution to formally reject the interpretation or direction provided by Strata Manager (SM)? However, would a special resolution requires at least 75% of owners voting?

The owner wanted to claim for storm damage, although the awning cover was old and already torn, prior to the storm.  As this was not maintained by having it opened during the storm, so it has ripped off the structure.  The statement about the condition of the awning can be certified by residents at the building.

In this instance, can the Strata Committee argue with SM that eventhough the awning is covered by the building’s insurance whilst not considered to be common property, however, when an owner has failed to take maintenance responsibility for the awning , so the consequential loss falls on to the lot owner, not the OC.

Do you mean that we can hold a special resolution to reject Strata Manager’s direction that the awning still falls under the OC’s responsibility?  As some of our committee members (whose unit would benefit from removing lot owner’s responsibility) want to challenge the special resolution that we already have about lot owner’s responsibility for the awning.

For this incidence, the awning cover was old and damaged, already torn, prior to the storm. As this was not maintained it has ripped off the structure.  The claim was for the damage due to the storm.

This post combines two separate posts – JimmyT

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