- This topic has 2 replies, 3 voices, and was last updated 1 year, 7 months ago by .
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An owner in our complex of Class B townhouses in the ACT got EC approval to replace their roof with one of a different material and colour than the other 23 units. The townhouses are terrace style units with tiled red roofs. The new roof is Colorbond and an off whitish colour and it looks like a bit of an eyesore.
My question is should owners have had a chance to vote on a significant change like this at a meeting of all owners, or was the approval of the EC enough? Now the work’s done other owners are asking why they weren’t consulted or even notified it was going to happen (the minutes didn’t go on the SM’s portal for a few months and owners aren’t notified when minutes go on the portal).
It’s too late to do anything about the roof now, but is there any way of owners making sure this sort of thing can’t happen again? If the EC does have the power to approve big changes to the complex, can we introduce a motion at the next AGM saying that any proposed changes to the external look of the buildings must be approved by owners at a general meeting?
- This topic was modified 1 year, 7 months ago by .
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It depends what your Owners Corporation rules say. If you have default rule 4, then erections and alterations require a general meeting resolution. However, default rule 4 is one of the rules that an OC may amend by special resolution.
So, it is possible that you have an amended rule for Erections and Alterations that allows the Executive Committee to approve some or all sorts of alterations, with or without guidelines from general meeting resolutions that constrain the EC in what it can approve. Common constraints on the EC that an OC might have imposed include only being able to approve a unit alteration if materials and colours remain consistent with the rest of the scheme or subject to consultation with neighbours or if certain architectural features are preserved.
I would stick on a by-law right now that says owners can only change the outward appearance of the scheme with the approval of the committee. However, the white or light-coloured roof is much more environmentally sustainable – white reflects heat rather than having to cool the house artificially – so that may have been a factor.
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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