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My unit is company title in Victoria. Like many older buildings the windows on many units are in need of repair. Some windows are rotted and will need replacing. Some owners are pushing for the beautiful wooden windows to be replaced with aluminium windows, stating the cost will be cheaper and ongoing maintenance reduced. My original wooden windows can be repaired and not replaced. Can any vote force us to have our windows removed and replaced instead of repaired?
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An EGM of shareholders can be called and a vote held on what action to take with the windows in accordance with the Articles of Association of the Company. The window repairs could also be listed as an agenda item at your next AGM. A Director’s meeting could also be held to decide this without all of the shareholders. Are you a Director on the Company Board? If so, then go along to the meeting and state your case with some quotes on repair to back up what you want. I assume a special levy for the sinking fund will have to be raised to pay for the repairs. A meeting of some sort with an agenda and a quorum must be held before any decision involving major maintenance and a subsequent levy increase to shareholders can be made.
Even an informal discussion can result in a mutually negotiated outcome. Canvass your neighbours to ascertain their opinions on the issues. If cost is an issue and the shareholder residents are elderly and on limited incomes (often the case in company title units), then the repairs and levies can be made in stages, with the worst windows being replaced first and the ones that are not so bad waiting until more levies to pay are raised. You didn’t say how many units there are in your block, nor how many windows need remedial work. The managing agent may be on side with assisting you to get quotes or to get a meeting held…….depending on the politics of your apartment block!
I also wonder what the local council might say about cheap windows being installed in an old building.
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.
As an aside to the posted issue, problems can arise in Company Title units in achieving consensus among resident shareholders in modifying the building. I also wanted to test drive the new Flat Chat addition of uploading jpeg photos to explain a problem.
The plan in this case pertained to increasing a 1 bedroom existing unit to a 2 bedroom unit. it involved potentially occupying an existing void cavity of three rooms behind the wall which had been vacant for 50 years. The plan was approved by Council with the Company seal attached, resolutions passed, but one shareholder opposed placing a window in the wall to create a bedroom. All you need is one dissenting agitating shareholder to have plans go pear shaped.
Interesting story @sujenna. Can you PM me and give me a brief summary of your planning proposal.
Are you in Sydney? I also own into a Co. Title building.
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