This article discusses strata maintenance voting dispute, explaining the options available to a minority owner who is consistently outvoted on necessary maintenance decisions in a small strata scheme.
Question: In our three unit complex, the other two owners outvote me on any decision regarding maintenance. Can I file a complaint with someone?
I own a unit of three units in our complex. The other two owners gang up on me when we are voting on any decision regarding maintenance issues in the complex.
Can I file a complaint with someone? Our Strata management is not assisting at all.
Answer: If you are being outvoted by other owners and believe that there is a real need to carry out the maintenance, you can make an application under the Act.
It is the Strata Corporation’s responsibility to administer and maintain the common property for the benefit of the unit holders, and to such extent, as may be appropriate, other members of the strata community.
If you are being outvoted by other owners and believe that there is a real need to carry out the maintenance, you can make an application under Section 41A 1(c) of the Strata Title Act 1988 “if a member of a strata corporation claims that a decision of the strata corporation or a delegate or the management committee of the strata corporation is unreasonable, oppressive or unjust”.
If you do not want to proceed in the Magistrates Court, you could try a community mediation to assist in discussing the issues you are experiencing.
This post appears in Strata News #627.
Carrie McInerney Horner Management E: carrie@hornermanagement.com.au P: 08 8234 5777