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Thank you for this website. Many owners in my OC read the posts and at least once, the advice you gave to another strata property owner, was circulated to all owners in my OC with the result that a simmering dispute on a very similar problem was resolved without anger. Now we have a query ourselves.
Last year 2 EGM resolutions were made to have two sets of unrelated building works done. I’ll refer to them as W1 and W2. A special levy to cover both W1 and W2 was struck and all owners have paid it.
Now our strata committee has served an EGM notice and one of the motions states that the resolution regarding W1 be repealed because the strata committee now thinks these works were not a good idea after all. The W1 motion was only passed by one vote anyway because many owners pointed out the problems with the W1 works at the time.
Another motion states that a resolution be made to do some new works (W3) never before considered or even mentioned either in emails or in face to face discussions. No motion or mention has been included in the notice regarding transferring the special levy for W1 to W3. So is it okay to use a special levy specifically raised for one purpose for a completely different purpose without a formal resolution being made?
W3 involves construction of a wall which will fence off entry from the street. But no quotes, plans, materials, size or any other information has been included in the motion or annexed to the notice. This type of work may require consent of the local council but no mention is made in the motion about this or whether the work is exempt development. One owner asked the strata committee in an email to give details of the works but they haven’t replied. It was pointed out to them that providing details at the meeting itself is very unfair on owners who can’t attend the EGM and who need to therefore mark their votes on a proxy form. That is, they can’t make an informed decision if they haven’t been given any details. It’s even unfair on owners who do attend the EGM because they’ll only have one minute to decide on suitability and won’t have the opportunity to check on any aspect.
This is the second time this strata com have changed their minds on works. Other owners and I are concerned that if the motion for W3 is passed, the strata committee will change their minds in a few months about the suitability or viability as they did with the W1 works. All these changes of mind are very annoying because we have to pay the strata manager a few hundred dollars extra for each meeting. Also some owners need to take time off work to attend meetings and therefore lose some pay.
Is it too much to ask that the strata com gathers together all vital information (such as whether a DA or BA must be lodged with the local council and suitable materials, etc) before convening meetings? And is it too much to ask the strata com present that information to other owners in the notice?
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