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Hi! I will need responses based on Victorian rules.
1. We are about to repaint our three storey apartment block and our committee has just provided colour options that do not include the existing colour. How can we get the existing colour included in the selection – it appears that the committee members may prefer a differerent colour. We need to vote on the options provided this week.
2. Also the committee has obtained three quotes for the repainting from high-end master painters. How can we get them to include a broader range of painters/quotes or to tender the job out – we were originally quoted around $100k last year now it has gone up to $120k.
Would sincerely appreciate responses to these questions.
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This has less to do with strata law and more to do with basic committee procedure.
In the case of the paint colour, you would propose an amendment to include the original colour as as an additional option. The vote on this would occur before the vote on the colour. As you are not changing the basic intent of the motion – to choose a paint colour – your amendment would be valid (although it might still be defeated).
On the question of choosing a painter, it would be a matter of persuading the majority of owners to reject all three quotes unless you have a fourth quote ready to go and, again, you would propose an amendment that it be considered along with the other three and, if that got a majority, it would be put to a vote.
Amendments to motions at general meetings are permitted and can be voted on provided they aren’t changing the fundamental issue. Thus you can add another paint colour option to a motion to decide a paint colour but you couldn’t propose an amendment saying the paint should be replaced with aluminium cladding as that is a different discussion entirely.
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.
Some simple maths and an assumption —
Three storey block suggests six to 12 owners, depending on apartment size.
Three to five may be on the Committee offering the three alternative colours.
Three, and possibly a fourth, colours will be presented to the Owners as a group.
Unless one of them is overwhelmingly preferred, voting may be fragmented and no-one will be happy.
I’m glad I live in a building with an unpainted brick and pebblecrete exterior!
On the choice of painter, be mindful of the “pay peanuts, get monkeys” principle.
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