#20945
Whale
Flatchatter

    Stumped said: The lawyer and his Firm have a confidential, undisclosed agreement with the EC to provide legal advice to the OC.

    Executive Committee Members sometimes forget that their role is akin to that of a Company’s Board of Directors, and unless they’ve personally engaged and are paying for the Lawyers’ services, and I doubt that, then the law firm’s client is the Owners Corporation (O/C), and as a Proprietor and a Member of the O/C you are entitled to apply to view the alleged agreement. 

    As for the demand that all communications from Proprietors is sent directly to the law firm, that’s absolute rubbish, as is the lawyer’s statement that the E/C needs (or can) approve of your requested renovations – unless there’s a Special By-Law covering renovations of the types that you propose.

    You should in the first instance ascertain if the renovations you propose requires the O/C’s consent, if that’s the case I’d resubmit everything to the  E/C Secretary (i.e. to the position – even if the person is the lawyer) and copy the Strata Manager.

    In that way at least you’re complying with the applicable law (the Strata Schemes Management Act), and that should force the O/C to do likewise in terms of how your proposal is dealt with, and leave open the avenues that you have to seek redress if consent is unreasonably delayed or refused.