What specific steps can a committee legally take to initiate action quickly when faced with an urgent issue, and what are the potential risks of using these expedited procedures instead of the standard process?
Get your fellow lot owners and committee members to take action and make decisions.
The body of the presentation provides the specific rules for each state. Take the most urgent circumstances, such as when there is literally a crane transporting pallets over your swimming pool. Generally, you should get the committee together to make a decision to commence proceedings and authorise the expenditure.
In advance of that meeting, contact as many lot owners as you can and invite them to attend. Involve as many people as possible. Engage the lawyers. With the assistance of your strata manager, get the ratification process going.
Show that you've acted in good faith, typically without negligence, and acting without negligence means getting legal advice as quickly as possible.
Get your fellow lot owners and committee members to take action and make decisions.
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Michael Kleinschmidt has specialized in strata law for over 20 years. During this time, he has served all of the peak stakeholder groups: Australian College of Strata Lawyers – Fellow and Council Member, Australian Resident Accommodation Managers Association (Qld) - Legal Panel Member, Strata Community Australia (Qld) - inaugural Legislative Committee Chairperson and past Professional Standards Committee member, Commissioner for Body Corporate and Community Management (Queensland) Stakeholders’ Group – ACSL representative, Attorney General’s Community Titles Legislation Working Group - ACSL representative. Across his years of practice, Michael has acted for almost all of the different stakeholder groups (occupiers, owners, bodies corporate, management rights’ operators, banks, body corporate managers, property developers and utilities providers) in almost every conceivable strata matter type ranging from structuring duplexes to 400-lot island resorts, litigating leaking roofs before departmental adjudicators through to appealing novel points of strata law to the Queensland Court of Appeal.
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