#18348
scotlandx
Strataguru

    As Whale has pointed out, the EC “decision” to get legal advice was not valid.  It isn’t clear from what you have said but the proposed resolution would have had to be put on an agenda, and notice given, and then a vote taken at the EC meeting on that proposed resolution.

    Notice has to be given of EC items, because that gives the other owners the opportunity to give written notice that they object to the motion (at least 1/3 of owners).  Where this is done, any purported resolution is invalid.

    In any case, it seems that the motion wasn’t put to a proper vote.

    What I would be doing is serving them with a written notice, signed by all of the owners who object, that you consider what they doing to be invalid and that the EC members will be held personally liable for any of the legal fees incurred.  In the letter set out the reasons why it is invalid.  Serve that on the EC members, the strata manager and the lawyer who is acting for the EC.  In all likelihood that should put a stop to it, at the very least the lawyer would think twice.

    Some years ago some members of the EC went off on a frolic of their own, and contracted with someone for $10,000 worth of work (it wasn’t legal work).  When the time came to pay it I refused to authorise it, because there had been no resolution, and they never tried that again.

    I agree with Whale and Jimmy, your scheme sounds seriously dysfunctional, you need to make an application for compulsory appointment.