Maintenance costs are rising in our ageing building. I’ve had an architect draw up exciting redevelopment plans, but the COO will not distribute them to the owners. How can I ensure owners get access to this option?
Owners in our ageing 1970s strata building on the Perth foreshore are concerned about the rising maintenance costs.
I contacted a well-known architect who designed a beautiful new Plan of Complex, from our old two-story into a five-story building.
The project will be funded by the pre-sale of stories 3 - 5. Each owner will receive a new apartment.
I have submitted the plans to the council of owners, but the council refuses to pass this on to all owners. They are split 50/50 on the redevelopment. Are they required to pass the information on to owners?
Our strata manager refuses to provide me with owner email addresses. How do I proceed to ensure owners are aware of this option?
The council should convene an EGM if owners who hold at least 25% of the unit entitlements make that request to the council in writing.
In situations like this, legal advice is recommended so that proper consideration can be given to the scheme by-laws and exactly how the requests you refer to have been made.
Given the nature of the issue, the best course of action is likely to be requiring the council to convene an Extraordinary General Meeting, at which the issue can be discussed. The council should convene an EGM if owners who hold at least 25% of the unit entitlements make that request to the council in writing (section 128(2)(b) of the Act). If such a request is made and the meeting is not convened by the council then the Act allows the owners who made the request to convene the EGM. If you do not have the support of owners who hold at least 25% of the unit entitlements, there may be other options but it will depend on the particular circumstances.
Related webinar
Log in to your existing Lookupstrata Account to download the printable file.
Carolyn Meighan is a seasoned legal practitioner with over 20 years’ experience in property and strata law, now serving as Special Counsel in the Perth office. She advises strata companies, managers, and lot owners on all aspects of strata contracts, ranging from insurance and by‑laws to contractor and agency agreements, including drafting, interpretation, and dispute resolution.
Carolyn is a pragmatic litigator, regularly representing clients in State Administrative Tribunal, Supreme, Federal, and High Court proceedings. Her expertise in contract fairness, commission disclosure, and governance makes her uniquely positioned to lead this session on fair contract principles in strata insurance and beyond.
Lookupstrata Directory
Looking for WA Strata Specialist in your area? Search within our LookUpStrata Directory for the best list of contacts available
Search the directory
Comments
Log in to leave a comment