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  • #10282
    Felix
    Flatchatter

      This is a 32 unit Strata in NSW.  The building was built in 1972.

      A new Owner recently replaced his sliding doors and windows with the OC consent for a cost of around $ 28,000, which he paid for.

      At a recent AGM the Owner, who was on the EC for one year, and another EC member proposed  a motion that all windows and doors be replaced in the Strata at OC expense.  This motion was approved and will cost around $ 800,000.

      There were no quotes given and no consultant retained to give an opinion, only the advice of the new Owner.

      Most Owners at the AGM didn’t realise what was going on.

      Some 6 months previously a motion was passed at an EGM that if the OC approved then this Owner would get his costs back for the replacement of his doors and windows if the windows and doors were to be replaced in the whole building.

      We’ve been told that there has been a recent court decision whereby the payment for past expenses such as this were disallowed.

      Is this correct ? And would the inclusion of the motion some 6 months ago change this ruling if there is one and was the action by the OC legal.

      The Managing Agent allowed this to happen so the Owners didn’t know of this court decision if there was one, and whether or not what they were voting on was valid.

      Please advise

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