Flat Chat Strata Forum Common Property Current Page

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  • #9028
    FairGo
    Flatchatter

      The EC (I’m on the EC) wishes to upgrade our apartment block (125 residential units in Sydney). 

      Should the design brief, which the EC have come up with, be agreed upon by all owners before the brief is given to architects/designers? 

      I believe it should be, but knowing what the other EC members are like, I think they will be totally against this.  They have already come up with a design brief and want to send it to three designers without giving all owners a chance to give their input. 

      Frustratingly, most of the other EC members do not have all owners interest in mind!

      I want to do the right thing by all owners.

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    • #19388
      kiwipaul
      Flatchatter

        I believe it should be approved by a majourity of all owners not just the EC, but whether it legally needs to be is another matter.

        What is it going to cost to obtain these 3 quotes and is it within the spending limits of the EC??

        Also once the designs have been obtained they will need to be approved by a SR (75% in favour) as it is an improvement and you are more likely to obtain this if everyone was involved at the begining.

        #19391
        Jimmy-T
        Keymaster

          There is value in a process of consultation and communication that goes far beyond simply choosing the most popular or best scheme.

          A smart EC will send out a general principle paper explaining what they intend to do and why.

          Most owners will not read it.

          They will then ask for owners to submit their own ideas for inclusion.

          Most owners won’t respond.

          Then, based on responses, they’ll offer a couple of options.  

          They might get a response to specific suggestions.

          Then they take a proposal to a general meeting and vote on whether or not to go ahead.  This is when people will start jumping up and down and this is when they point out they have had three opportunities to do this and it’s now a bit late.

          The EC can’t go ahead with this withoput carrying the majority of owners with them.

          If this is an upgrade that involves changes to common property then it will, as KP said, require no more than 25 percent of owners at a general meeting voting against it.

          If the EC tries to impose ideas on owners without consultation, they will very soon find themselves opposed by a coalition of owners who don’t like the change, owners who don’t like any change and owners who don’t like having changes forced on them (plus the owners who just don’t like the EC).

          That’s why consultation is a good thing, even when the majority of your owners may not care about being consulted.  Doing so takes out a few of your opponents and increases your chances of success.

          Oh, and one other thing, ECs are not the be-all and end-all when it comes to ideas.  There are a lot of smart  people in strata – some of them are too smart to ever volunteer to be on the EC. 

           

          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.
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