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The limits of The Committee power

Posted: 07 Mar 2017 18:40
by Dolchika

I have a question regarding the Committee. In 2015 it was discussed on the AGM that the owners would like to repair the swimming pool. There is stated in the minutes of the AGM that the Committee would look for offers and "present them to the owners for consideration".
In Q3/16 the costs of swimming pool repairing were stated in our common expenses bills as additional charges. The costs were not discussed with the owners, we were just presented with a fait accompli. Later the Committee signed a contract and some company started the repairing works.
No discussion with or voting by owners were made or established. The offers for the work from various companies were not presented to the owners.
But we, owners, no have to pay.
I have read the law of 1993 on jointly owned property and management. My question is whether the Committee is obligied to discuss such issues before the work starts with the owners and get their agreement?

Re: The limits of The Committee power

Posted: 08 Mar 2017 14:36
by Nigel Howarth
Hi Dolchika and welcome to the forum.

The Management Committee is responsible for insuring, maintaining, repairing, etc. the common parts of the building. That's what they are elected to do - they don't have to seek the approval of owners.

But as they said they would look for offers and "present them to the owners for consideration", I would have expected them to do this.

What the Management Committee needs to do is build up a 'sinking fund' - a fund of money for a future expense such as repairing the swimming pool, redecorating the external parts of the building, etc. This would save the 'shock' of having to pay for this type of work in a single payment.

(Incidentally, my lease agreement in the UK says that the landlord only has to advise me about repairs, etc. if they do not take the lowest bid.)


Re: The limits of The Committee power

Posted: 10 Mar 2017 00:54
by Dolchika
Dear Nigel,

thank you for your kind reply.
The problem is that the Committee decided to use the funds already accumulated + they without proper informing the owners imposed additional charges. So in other words they decided to use the fund + extra money collected from the owners without discussing this with owners. Neither they provided any offers. Now they collect extra extra charges. So, the repairing cost consists of three sums (app. 75 000 euro) collected in less then 6 months. If the final cost would have been less or collected in course of reasonable time I would have nothing against. But the situation seems to be ridiculous.

What are the legal measures the owner who disagree with Committee actions could take in this situation?
And do I understand this correctly that the decisions and resolutions stated in the AGM meetings and minutes (which been supported by the legally necessary majority of votes) are obligatory for execution?