Hi All,
I have done a search but can't find the answer to my question/s.
The problem:
Building we live in (12 units) is replacing windows - in the process it has been discovered that the original builder took some shortcuts and we will have to remove the eaves which have asbestos in them before we can finish replacing the windows (addition cost of roughly $25k)
We had our AGM and all the options were discussed and people voted to go ahead and raise a special levy. One of the owners didn't come to the meeting (saying that he didn't get the minutes/letter) even though when he wasn't there we knocked on his door and told him the meeting was happening. Afterwards he got 5 units to sign saying that:
1. they hadn't gotten the minutes/invite to the AGM
2. the window contractor needs to replace the broken asbestos eave because they broke it
3. that they didn't comply with OHS issues by breaking the asbestos eave
They tried not to break it but the way the windows were originally installed meant that it happened and because it has asbestos they could not continue working.
My questions:
1. Can this extraordinary meeting be called when only 5/12 owners asked for it?
2. 3/5 owners were present at the meeting so had clearly gotten the minutes/invite, or found out about it via other ways and were there. Can they just change their mind even though they voted at the time?
3. What is the law around this because this has happened before without my knowledge - we had voted on something and then this owner has gotten a petition of signatures and changed it afterwards
4. One owner who didn't sign says she felt pressured/bullied (her words) into signing - this is not okay and needs to be raised. Are there rules about this?
5. What does the strata manager HAVE to do (legally) in these type of situations
Thanks for reading and providing some guidance
I have done a search but can't find the answer to my question/s.
The problem:
Building we live in (12 units) is replacing windows - in the process it has been discovered that the original builder took some shortcuts and we will have to remove the eaves which have asbestos in them before we can finish replacing the windows (addition cost of roughly $25k)
We had our AGM and all the options were discussed and people voted to go ahead and raise a special levy. One of the owners didn't come to the meeting (saying that he didn't get the minutes/letter) even though when he wasn't there we knocked on his door and told him the meeting was happening. Afterwards he got 5 units to sign saying that:
1. they hadn't gotten the minutes/invite to the AGM
2. the window contractor needs to replace the broken asbestos eave because they broke it
3. that they didn't comply with OHS issues by breaking the asbestos eave
They tried not to break it but the way the windows were originally installed meant that it happened and because it has asbestos they could not continue working.
My questions:
1. Can this extraordinary meeting be called when only 5/12 owners asked for it?
2. 3/5 owners were present at the meeting so had clearly gotten the minutes/invite, or found out about it via other ways and were there. Can they just change their mind even though they voted at the time?
3. What is the law around this because this has happened before without my knowledge - we had voted on something and then this owner has gotten a petition of signatures and changed it afterwards
4. One owner who didn't sign says she felt pressured/bullied (her words) into signing - this is not okay and needs to be raised. Are there rules about this?
5. What does the strata manager HAVE to do (legally) in these type of situations
Thanks for reading and providing some guidance