Questions about living in properties with shared/common facilities
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Joined: 28 Dec 2007 14:14


Post by Blackie » 03 Oct 2008 17:24

Hi Nigel

Could I ask for your comments on the following:

A relative of mine has an apartment on a complex which consists of 3 blocks, but the first block was built 2 years before the last 2 blocks were completed, hence they organised their own Committee and service provider.

Since the last 2 blocks have been completed, the Developer was looking after the maintenance but decided to walk away after just 6 months. Owners got together to arrange 3 tenders from service providers. A service provider was chosen as the majority of owners who at the time were at that meeting. The service provider commenced and held our AGM early so that things could be more organised. Agenda went out to each owner 1 month before the AGM so all were aware of issues raised. The Developer also sent an employee to the AGM as his representative and who voted on the motions contained in the agenda. The third block in question held their AGM in June and at no time invited any of the owners from the remaining 2 blocks even though they have now been requested by our service provider to contribute to the swimming pool.

Since this AGM the Developer has now come back with the following:

Since the AGM meeting, we had met with your service provider and we gave all our suggestions and opinions in response to the minutes that were drawn up from the AGM. We also made it clear to them that the meeting was in fact illegal and that the committee elected are also not in fact legal of their position as a vote was not taken from the entire block. By taking a percentage from those present at the meeting does not stand. We would also like to state that authorisation from your service provider on who is elected as a committee member is false. The committee is elected by all the owners and the committee elect a company to do the maintenance. As the developer of the Complex (3 blocks), all located on the same plot, we always recommended that there be one committee for all three blocks.

Lastly, concerning the decisions made about the usage and management of the swimming pool, our view is that it can be used freely by all owners and their guests. Any decisions should be made by a committee that is elected fairly by all 39 apartments, whom all own a share of the swimming pool. Until a meeting is made with all owners of 3 blocks, and not just a few selected owners, only then can any decisions be made on the Rules and Regulations and expenses of the pool.

They are now at a loss as to how to proceed forward. Any suggestions.

Nigel Howarth
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Re: Committee

Post by Nigel Howarth » 12 Oct 2008 10:23

Hi Blackie,

Apologies for the delay - I've been on holiday for the last 8 days.

Your relative, and the other owners, need to set up a formal committee that includes the owners of all three apartment blocks. How you go about this is described in the 'Jointly Owned Buildings Law' - and it needs to include all the owners who share the common facilities.

So your relative will need to get the names and permanent addresses of all the owners and then write to them all regarding the establishment of a management committee. If the owners cannot attend the meeting to vote, they should appoint proxies to vote on their behalf. In the event of some people not replying, your relative will need to explain in the letter that they will appoint a 'default' proxy.

I'm not sure of the legal position on this, but to cover yourself and ensure that everything is done properly, your relative will need the assistance of a lawyer to explain matters in detail and to draft the letters to the owners.

Once your relative has formally established a management committee and registered it (along with the rules & regulations) everything should be OK. It's all explained in the 'Jointly Owned Buildings Law'


Nigel Howarth
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