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This week another issue with the executive committee. There was an AGM mid year. No agenda items listed regarding CCTV cameras painting or new carpets for the next year. The discussion about carpets was raised about choice and we were advised.. It was replacement only no change, although “they did have samples but not at the meeting”!
Some weeks ago a note was left under the door advising residents to look at paint samples located on one foyer. No explanation about the sample and application. I wrote immediately stating it was a change of colour and needed general approval. This was ignored and today I arrived home to see a new colour palette on the walls and doors. This EC is continuing to make changes without resolution . Finally we have a new strata manager who advised me that some of the works will be taken to the next AGM for approval. However she advised me that her understanding was the paint work was unchanged! The painters confirmed it was a complete colour change ” the EC wanted a deeper range”!
Do I file for mediation ? How can we stop this EC who after loads of objection and advice continue to make changes. Unfortunately, most of the owners are investors so notes left under doors never reach the owners.
Your suggestions and recommendations most welcome
Thank you
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Changes to common property require a Special Resoloution carried by a 75% majourity at a GM (EC cannot authorize changes).
You could advise them that if they keep making changes without an approved SR you will take them to CTTT to have them pay to restore the situation.
Also advise the SM not to pay any invoices or authorize any work unless a SR has been approved at a GM (for changes not general maintenance). Work can be approved retrospectively but for changes it requires a SR and so make sure this is what is on the agenda.
If these people have the numbers you have a problem.
@justsaying said:
Would someone answer my question about the painting of the external foyers, please.Every question like this has three parts.
1. Did anyone do anything wrong?
2. How wrong was it?
3. What can be done about it (and what do you want done about it)?
To answer No.1, did the EC have a subsequent meeting after the original meeting to discuss the painting of the additional areas? If not, the painting is unauthorised and whoever ordered it could be personally liable. If they did have a meeting, properly agendad and minuted, then you’re probably out of luck becasue they will argue that they had authority to paint foyers and then had the opportunity to do more presumably at a better price.
The answer to 2 would only matter if the cost of the painting was excessive and someone who authorised it was in some way connected with the painters. the colour issue is highly subjective and probably won’t fly at an adjudiaction.
Finally, what can be done about it? I f there is corruption, a failure to tell owners this was happening, no meeting or gross incompetence, you could maybe run a case at NCAT the the individual who ordered the painting be ordered to pay fro the re-painting of the foyers to their original colour or, at least, pay for the paint that nobody likes.
Your chances of success – I’d say minimal … unless you can prove this was one or two people acting without authority and with an ulterior motive.
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.
I would think a colour change is clearly an alteration to common property requiring a special res. at a GM. Fluro pink/green combo anyone/ It’s a substantial issue.
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