DIRECT ACTION | Common Property | Flat Chat Forum: Your Questions Answered
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Our OC has recently replaced a section of fence which was in excellent condition and two attached clotheslines have been refitted at a decreased height which makes them very difficult to use if you are over about 165cms tall (which makes me the only person likely to be affected). A polite e-mail has attracted the expected non- response from the EC. Neither the new fence nor the original fitment of the clotheslines was approved by Special Resolution. I am seriously considering attempting to alter one at minimal expense which would probably result in a somewhat rough looking outcome i.e. bent over nails holding the top of the structure to the fence. My guess is that if when an EC member notices a tradesman would be summoned to return it to the previous location and to be true to the original intent I would have to repeat the alteration. Personally paying a tradesman to alter it may be wiser but with my share of the OC funds at about $4000 it would leave a bad taste and the EC may well shift it again (yes spite could well be their chief consideration). This is a “final straw” scenario and I wonder what the downsides could be.
I assume these are clotheslines on common property for general use? If so, and the EC won’t respond to your suggestion put in writing, I suggest 1) talk directly to someone on the EC in person, face to face. Perhaps they are are snowed under with other things? Offer to organise a tradesperson to move one to be higher. Point out the long term benefit of having them at different heights so that one better suits tall people and the other better suits short people. 2) If that gets you nowhere put it to the next general meeting. A decision of a general meeting overrides the decisions of the EC and they have to act on the GM decisions.
… I suggest 1) talk directly to someone on the EC in person, face to face. … ..2).. put it to the next general meeting.
The fact alone that I am making the request rules out any prospect of action on the part of the EC and they have near total control of GM’s via proxies. My real question is what if any legal difficulty could I get into for altering common property – which has never been considered or approved at a properly convened meeting of the O.C? Is there any difference between a clothesline frame lower than the height of the average man and a broken bottle on the same path i.e. both are “owned” by the OC but neither have been approved?
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