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  • #7140
    Jimmy-T
    Keymaster

      QUESTION: My friend and landlord of my (very cold) flat wants to install a skylight over the bathroom, duct a range-hood through the roof tiles and put proper insulation in the loft.

      Obviously he will pay for this himself and use the best products and installers but some of the other owners are determined to oppose any improvements and the plans were blocked at the building’s AGM on the grounds that the roof was old and the work might damage the tiles (despite an independent report that it’s sound).

      This building already has one other unit with a range hood vented through the tiles, and two large skylights in the roof over the stairwell, while old loft insulation is scattered and useless.

      We have resubmitted our plans for an extraordinary general meeting but special resolutions require 75% support and I’m worried two or three owners will block this because they don’t like my mate.

      Can lot owners vote against measures without giving any reason? If we do fail, is there any recourse or is it a case of majority rules and you are out of luck? – Biff, Eastern Suburbs.

      ANSWER:  People don’t have to give a reason for their vote – whether it’s fear of change or petty vendettas –  but Consumer Trader and Tenancy Tribunal adjudicators are specifically empowered to rule on repairs and improvements.

      Assuming your landlord mate has provided appropriate guarantees, there’s every chance that he will get the OK from any reasonable  adjudicator – the only difference is that he and the executive committee face months of expensive hassles going through the CTTT.

      Maybe your landlord should take a specialist strata lawyer to the EGM to explain to owners how their money and time will be wasted, and get a letter to all owners explaining that he is trying to do the right thing.

      Log on to the Flat Chat Forum to ask a question or comment on this and other issues. Meanwhile Jimmy will be answering your questions on the James Valentine show on ABC 702 on Tuesday 16th at 2pm.

      The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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