- This topic has 2 replies, 3 voices, and was last updated 12 years, 10 months ago by .
-
Topic
-
Our building needs to undergo major repairs to its doors and windows which are rusting away. The owners have had several meetings including Executive committee meetings attended by most owners (with proper notices, engineers reports and quotes given to all owners) and then an EGM to raise a special levy and approve the repairs going ahead and acceptance of the preferred contractor at the AGM. Two owners are not happy with paying the special levy and do not want the repairs to go ahead. They are threatening legal action to stop it. Everyone else (the majority- 7 out of 9) is all for the repairs and levy. We are worried that if we commence the repairs and these owners take us to court, we will have to stop the repairs but we will be in breach of contract and still have to pay the contractor the full price.
Can this minority hold us up even though 7 out of 9 have repeatedly approved for the work to go ahead including at an EGM and the special levy? Do we have to wait 12 months for their threat to pass, and then go ahead with the repairs but at an increased price?
-
Replies
-
I can’t imagine any grounds on which a legal action like that might succeed, unless there was a corrupt process in awarding the contracts, you didn’t get the required two estimates for work or the votes weren’t counted properly.
In fact, an owner taking you to court for NOT doing the work would probably have a better chance of success. Just make sure your EC insurance covers legal action and you’ve got very little to worry about. I wonder where people who don’t have the money for essential maintenance find the cash to pay lawyers.
But, all joking aside, one of the few legal obligations imposed on Owners Corporations is that you have to maintain common property. That has been upheld time and again in the courts and your litigious neighbours should take note.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
It sounds like you did everything correctly and should get on with the work.
- You must be logged in to reply to this topic.