BMC blues

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Forums Common property BMC blues

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  • #321614
    Homia
    Member

    I currently stay in a block of apartments which share common facilities i.e. gym, pool etc. To maintain the common facilities, a BMC has been created via SMS. Each of the owner’s corporation contributes funds to the BMC which uses the funds to maintain the common facilities. Per the SMS, all decisions made by the BMC need to agreed upon by all members. Due to a dysfunctional strata committee in one of the blocks, this has now spilled over to the BMC where the BMC representative has refused all additional expenditure e.g. defects report resulting in essential work on the BMC stopped. In addition, insurance claims for repairs to common property for water damaged have also stopped due to the BMC representative not agreeing to it being repaired.

    Is there anything that can be done to bypass the BMC representative and get essential work done on common property?

    TIA

    #361799
    Amanda Farmer
    Expert

    Hi Homia,

    There is usually a “dispute resolution clause” in a strata management statement. What does that say?

    Also, consider the process for replacing the BMC rep. The legislation provides that BMC reps for owners corporations are appointed by way of special resolution or in accordance with a procedure set out in a by-law. The SMS or the relevant owners corporation’s by-laws may say more about this. Is there an AGM coming up where a motion can be put forward for this person to be replaced? Would placing another person in that position resolve the deadlock?

    Amanda.

    #398615
    Homia
    Member

    Hi Amanda,

    Can you point me to the legislation that provides that BMC reps for owners corporation are appointed by way of special resolution?

    TIA

    #398807
    Amanda Farmer
    Expert
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