[newlsie]

Wow, does anyone know if that is the case in NSW.  Can an EC take legal action without asking the owners? 

[newlsie]

Thanks,  It doesn’t say anything in the orders about mediation – just to install the new windows by July 3.  The ‘other side’ are spending owners money on legal fees to try and get the orders revoked – isn’t that unfair to the side that is living in the hell and wants the windows installed as per the 2010 AGM.

There is an EGM called for May 3 but it is too late now to put a motion to that meeting that owners money not be spent on legal fees hence the barrage of letters from owners to the SM to say that they should not do it.  Someone told me they can be sued individually for misappropriation of owners funds if so many owners object and they ignore them.

You are right our EC is badly broken.  The treasurer is even stopping payment of some invoices.

It’s a nightmare and extremely dangerous as the rivets in the windows are failing and two windows have fallen out, one to the ground and one inside a unit and another one is about to fall out and was identified in the orders as dangerous and guess what – nothing has been done about this window since it became known in January.  Good stuff for a journo to get a hold of.

[newlsie]

We have an EC where 2 members want to comply with CTTT orders to maintain common property and install windows agreed at a 2010 AGM and the other 3 from a part of the building where they are not affected want to spend money on lawyers to fight this.  Madness – we will be spending owners money on lawyers only to find out that ultimately we will have to replace the windows as ordered by the CTTT.  Over one third of the owners have written in to complain but still they continue!!!  

I don’t think EC members should spend any money on legal advice without calling a general meeting but I think it can be done if they do it legally such as a vote at an EC meeting.  Newlsie

[newlsie]

Thank you Whale and Kiwipaul,  We have had a set back.  Our EC consists of 5 people and 3 of them have now decided that on behalf of all owners the original agreement at the 2010 AGM should be revoked and as they have the majority vote they have decided to hire a lawyer on behalf of the OC to fight the CTTT orders. They called an EC meeting and proposed this but the SM did not call for a vote – we just discussed the problem.  So on Tuesday they hired a lawyer.  Now more than 1/3rd of the 36 owners have written in to the SM to say that they oppose to this spending of owners money as this does not represent some their view.

What is our legal position here.  

1.  Can these 3 EC members hire the lawyer if no vote was called for at the meeting?

2.  If more than 1/3rd of the owners object to this spend must they stop?

Thanks for your advice, Jan

[newlsie]

Thanks for your response – much appreciated.  I hope these answers help.

The 4 unit owners most affected by the delay in installing the windows including myself applied to the CTTT.

We all want to enclose the balcony and permission for this has been given by North Sydney Council in the Development Application.

Yes the wall and window facing the balcony is part of the lot and yes the lawyer did not want to write a by law.  The adjoining balcony is common property.

We want to enclose our balcony but the new SM says we must get a by law.  The SM says because there is no by law the CTTT orders will be tossed out and also because the orders include the bedrooms which are not in contention it will be thrown out.

I don’t know if the strata plan shows anything about the ownership but we have always been told that because the building was built in 1963 the window / wall facing the balcony is lot owned.

Sorry I have confused you.  I am stressed to the max over this.

thanks,

Jan

[newlsie]

Thank you all for responding.  I now realise you need more information.  This building has badly installed and very leaky windows which were put in 23 years ago.  The slab has magnesite and the leaky windows have caused concrete cancer.  By Special Resolution at the the 2010 AGM the owners agreed to repair the concrete cancer and install new windows.  It took more than two months to do the work on my unit (btw the OC did not pay me compensation for not being able to live in my home for two months – can they do this?).  I have two major leaks; 1. through the south facing window which is common property and, 2. into the east facing window which boarders the balcony, and, as a direct result of the works that were performed to repair the concrete cancer in the unit above me.  The OC is aware of this, there are plenty of photos.  The OC paid $5k for legal advice as to who was responsible and at the end of the day the advice was that it could not be proved if the defect was caused by the company that did the spalling works, the leaky windows or an original defect in the construction of the building and the positioning of the flashing in 1963.  Meanwhile I am teathered to my unit by a 5 kilometer radius if there is any sign of rain so that I can rush back and move all the furniture and catch the water.  We cannot see where it comes in but it gets onto my blind and drips from the entire base of it so there is no way I can just put a bucket under it.  Two tradies have looked and the problem and they will not guarantee they can fix it without replacing the windows which requires the arguing owners to stop arguing and get on with the replacement of the windows.  Thanks for your great advice.

[newlsie]

The owner vacated voluntarily for 6 weeks to allow the works but they ruined the carpet and it is mouldy and unhealthy to live in so the EC said they would pay for a hotel whilst they explored possible claims against the builder.  They are saying the owner cannot remove their carpet until they determine who is going to pay. 

[Author]

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