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NSW Apartment complex voted on painting the common walls of each unit 6 months ago. It’s debatable as to whether the door colour was selected at the time, however this was never raised as a issue until afree the painting had already commenced!
– Can an OC member walk around the complex asking members to sign a petition for a revote; and assuming 25% agree to the petition, call an EGM to revote on these colours?
Noting… Zero discussions have previously been held saying we yet to select door colours. The votes were determined based on 3 pictires which showed the exterior of our units (including door colours)
It also seems very underhanded this petition went around by door knocking versus via strata.
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A qualified request (a ‘petition’ with 25% of unit entitlement) is a trigger to require a gm, (see s 19)
Does not matter if people go door knocking to get it and i really can’t see how that is underhanded I do not follow what “via strata” means in this case.If you have voted to repaint then that vote, absent any specifics on colour, would mean repainting in the same colour. That would have been an ordinary resolution although repainting could come under a s 106 matter and no decision required because there is a statutory duty to maintain and repair.
If you want to change colour then as silly as it might sound it is best practice to hold a gm to by special resolution make the colour something else because you are altering the appearance of the common property.
At [one Sp] they changed external balcony paint colour by SR at a GM to be bullet proof because no one can complain. The SC ran the gm and it cost $60 to get a very formal decision. That might be over kill but for $60 it is worth it compared to the cost of dealing with some litigation because some owner has issue with the new colour that some ‘alpha / queen bee’ SC member chose.
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