Re: EGM

Hi Whale:

Thanks for your comments.  i was hoping you might answer this issue.

You are asking why it was necessary to have this Special By-Law in addition to the passing of a Special Resolution granting the O/Cs consent to the Owners proposed renovations.

The answer is that the Special By-Law was resolved by the OC some 25-30 years ago whereas the Special Resolution is only coming up now.

As stated in the original comments, the O/C agreed to accept responsibility for the maintenance of the existing sliding doors, which it has done when brought to the attention of the EC or Managing Agent.

The By-Law makes no mention of the door frames.

The new Owner, who wants to renovate, wants the O/C to pay for new door and window frames,aside from the balcony sliding doors.  They give no costings, quotes, or products involved in their submission.

Some Owners find it difficult to agree to this as they feel that not enough information is provided for them to act in a prudent manner and they wonder how the EC and the Managing Agent who are acting for the O/C, can approve or agree to this proposed resolution without all facts being presented.  We must also bear in mind that if this is approved then another 29 or so units might want their frames done and where is the money to come from along with many other major projects?

The Owners realise that the magnesite problem should be paid for by the O/C but how can they act without a proper inspection from the engineer, receiving a copy of his report and recommendations.?

Some Owners have since found out that the new Owners want to vacate their premises while the samples are taken by the engineer, bearing in mind that the engineer has been suggested to the EC by the new Owner, and thus the reason for this proposed resolution for a speedy result.

You have indicated that you think the O/C should wait for the Consultants report and that is also the opinion of the Owners who voted not to accept the resolution.

The new Owners have indicated that they will amend the proposed resolution so we shall wait and see.

Unfortunately the new EC is new and except for a few, if any, are not very knowledgable on Strata law.  One would think the Strata Manager could guide them but it seems the Manager wants to keep the EC on side and not rock the boat for their own advantage.

Any further comments or suggestions would be appreciated.