› Flat Chat Strata Forum › The Professionals › SCs and strata managers › Should we get Section 55 Strata Manager Reports? › Current Page
Is your issue that capital works are being done without the approval of the owners corporation?
What did the area look like before the paving was laid? Was it already paved? If this paving work alters the external appearance of common property (e.g. paving replaces grass), then a special resolution of the owners corporation is required. It cannot be approved by the strata committee alone.
You should be able to view all correspondence related to the commissioning of that paving work.
I had a situation in my strata. The strata manager was about to retire. He was friendly with one of the owners (who is not a strata committee member). Just before retirement, the strata manager spent about $3K of owners corp money on a structure which alters the external appearance of the common property. The plan was only discussed with the friendly owner. A special resolution was never passed before the work was done. Then the strata manager retired.
Another owner complained and took the matter to NCAT. The replacement strata manager arranged an EGM and told us to approve this work to avoid breaking the law. A special resolution was passed to approve the structure before the NCAT hearing took place.
Upon reflection, we should have terminated the strata manager’s contract for this. They breached the SSMA. They made us think that we caused the problem and told us to fix it. As owners, we are ultimately responsible for it.