Can directors in a company title prepare and submit a DA ?

To me it sounds a no brainer but we have a budding soap opera ...

We have a unit in a company title block . At a recent meeting of the directors we all agreed to prepare and submit a DA to change the window size of the block .

Director A has consistently opposed any changes in the block but much to our surprise they agreed to the proposal .

Director B is a new owner who has been pushing for changes . They have ruffled a few feathers in particular with director A and our Contact at the Management company. Director A and " our contact " seem to be good buddies . At our recent GM , OC described Director B to me in less than flattering terms .

I prepared the minutes at our recent meeting which were circulated and agreed to represent an acurate account of what happened .

I then forwarded the minutes to OC at the management company who raised no concerns about what was proposed . ie prepare and submit a DA .

Then the Director A stated they had received legal advice that we didn't have the power to make this decision , it should have to be submitted to the shareholders and said we should delay any action . At this stage the architect who had been chosen to prepare the DA had already been contacted and instructed to proceed . OC and Director A are aware of this .

I then asked OC whether it was normal practice for the directors to prepare
and submit a DA but he is not willing to state an opinion .

I have read the constitution which seems to give the directors very wide powers .

Director B is doing internal changes and is hoping to do this at the same time as the window changes and it would appear that Director A is prepared to do anything they can to frustrate and delay them.

Is there anyone out there who has any knowledge of company title to give an opinion?

Cliff

I realise this post is the least likely I have ever posted that has a chance of generating a solution , but it's been therapeutic putting it down :D
 
The company can put a DA in. The directors control the company, but can only act within their powers which would be under the constitution, corporations act and common law. The company should seek legal advice.
 
The company can put a DA in. The directors control the company, but can only act within their powers which would be under the constitution, corporations act and common law. The company should seek legal advice.

I was hoping to avoid legal advice over something as simple as the right of the directors to submit a DA As the directors voted unanimously to prepare and submit a DA .

If we are going to go down a legalistic avenue , which appears likely , then I might get independent advice in advance so I know I'm not wasting my time and effort as I believe that Director A will do everything in their power to frustrate change .

Terry , are you aware of any online resources relating to the running of Company title properties ? always like to do research so I'm in a position to ask informed questions .

Regards

Cliff
 
Cliff, aren't the shareholders also the directors under company title? or is there something else going on?

How many units in the building? Do the articles of association require unanimous decisions, a majority or a %? How are decisions made currently?

Gut feel is that the company will need to submit the DA but in submitting the DA you may also raise other compliance issues with council eg. exit and emergency lighting, fhr, smoke/thermal detectors in common areas, solid core doors etc.
 
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