Executive Committee & maintenance Common Property | Executive Committees | Flat Chat Forum: Your Questions Answered




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Executive Committee & maintenance Common Property
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scotlandx
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28/07/2012 - 8:34 pm
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dech
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11/09/2012 - 4:36 pm
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scotlandx said
As a starting point, the Act doesn't say that the EC can't choose colours etc.  ...

What the act says is; 

65A   Owners corporation may make or authorise changes to common property

(1)  For the purpose of improving or enhancing the common property, an owners corporation or an owner of a lot may take any of the following action, but only if a special resolution has first been passed at a general meeting of the owners corporation that specifically authorises the taking of the particular action proposed: (a)  add to the common property,(b)  alter the common property,

 

    "Alter" clearly includes changes to colours; having an EGM because the precise shade is no longer available may seem inconvenient but it is a small price for the rule of law and due process.  Generally these things could be anticipated at the previous AGM and colour changes agreed to in advance.  Arriving home one day to find the tatty royal blue carpet in the common areas has been replaced by a fluoroesent green one with fluoro pink highlights is the sort of thing that can happen otherwise. 

    Apparently removing a "weed" requires a special resolution covering the situation i.e. presumably stating that only the following plants are to be grown in a particular section.  The EC at my block decided that "maintenance" of the garden included ripping out a twenty year old hibiscus in robust health among numerous other gross deviations from both the Act and common sense/decency which leaves one respectful of the detailed protections based on centuries of experience embodied in the Act. 

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