@lil ol me said:I am frustrated that repairs that I wish to make to my apartment to make it livable are all being put on hold by the EC based on some miracle settlement that will pay for all the repairs.
I want to know where I stand on the following.
1) If I am out voted at the next strata meeting and the majority wish to take legal action, do I really have to contribute extra strata levies to pay for lawyers for what I consider to be a lost cause?
Legal action has to be approved by the owners at a General Meeting if it’s going to cost more than $12,500. The Executive Committee can’t agree to legal action costing more than that without approval from the Owners Corporation (although that approval may have been give at a previous general meeting).
However, if the majority of owners agree to additional levies for whatever reason, you have to pay. If you don’t you can no longer vote at general meetings and you’ll face a 10 percent penalty interest rate. The cost of recovering the debt will also fall to you so non-payment is really not an option.
2) Can the strata really prevent me from making essential repairs to my property so that someone can actually live in it?
In fact, the Owners Corp has an absolute duty to maintain and repair common property (see section 62, below), regardless of what other legal action may be gong on at the time. There is legal precedent to suggest that the pursuit of a defects claim is not considered to be taking action to maintain and repair common property, neither is it a legitimate excuse for not getting the work done (harsh as that may seem).
I know one of our sponsors, IBC, takes a completely different tack when it comes to defect claims and that is to get quotes for the necessary repairs and then present them to the developers and ask them which ones they want to go with (I hope I’m presenting this correctly – Chris M will correct me if I’m not).)
If it does go to court, the defect has pretty much already been established and it’s very hard for the developers to argue that there are no defects (as they will) or that the repairs are minor (as they do) when three builders have looked at the problem and put a price on a solution.
Whjile you are still a member of the EC, maybe you need to talk to Chris. Click on the ad at the top right if you do. I’m sure he’d be interested in talking to your executive committee to see if he can help. In any case, you are within your rights to demand that the Owners Corp fixes common property in your lot and allows you to repair your own property.
If they baulk at this, you can take them to the Supreme Court to demand compensation and an order for the work to be done. And now we’re back with lawyers … and that isn’t going to win you any popularity contests.
But offer solutions rather than problems and you could be the hero of the hour.
62What are the duties of an owners corporation to maintain and repair property?
(1) An owners corporation must properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation.
(2) An owners corporation must renew or replace any fixtures or fittings comprised in the common property and any personal property vested in the owners corporation.