Strata Problems. What Can I Do?

Hi Guys,

I live in a town house under strata management along with 6 other units. in 1989, strata had passed a motion in ultra vires and wrote it in the Corporation's articles. It reads "Units 4 & 5 – Enclosed Balconies - The motion moved in 1989 was considered ultra vires and that the owners of 4 & 5 can fix their own enclosed balcony as they are additions beyond the original design of the body corporate and not common property.

This resolution does not remove your unit from its responsibility to contribute to the Maintenance of ALL units as per discussions and resolutions made at general Meetings"

Basically, we will continue to contribute for the maintenance of other properties in relation to balcony repairs, but no repairs will be conducted to our balconies because we are to maintain them independently. This in my opinion is against the consumer guarantee. Strata is about to do another quote for timber repairs to the balconies soon and its coming in place that this will be an ongoing detriment for the property owners of 4 and 5 as we won't get anything out of it apart from losing a substantial amount of money.

Now, we purchased this property in 2009. The enclosed balconies for unit 4 & 5 had obviously been constructed since 1989. In 2011, Strata had a contractor come out to assess the costs for timber repairs to the balconies for all the units. Strata charged us $43xx.xx classed as a timber repair levy and no repairs were done to our property because the quote read "No allowance for balcony balustrade repair that is closed in by owner" for units 4 - 5.

I am in dispute with the manager for the recoveries of costs paid because no services was rendered and quite frankly I would like the funds back so I can do the repairs that should've been done 4 years ago. I brought this issue up several times before but never got a proper response until recently.

I was hoping that someone could shed some light on this.

I also want to know how I can strike out the motion that was passed 26 years ago. I know the ultra vires rule had been abolished since the Corporations Act 2001 was introduced to allow for additional protection against company dealings.

I also want to know how I can get Strata to reconsider the design of the properties. The properties have been this way for over 20 years and will continue to be this way. Is there a rule that states that over time, if the property has kept its design for considerable period, then the new design replaces the old design?

Strata is doing the opposite of what they ought to be doing and I need to do something.

XX tldr ——————- Strata took $4.3K from me for timber repairs that wasn't carried out to my balcony but used that sum as contribution to 5 out of 7 units that had timber repairs conducted. There was a resolution passed 26 yrs ago regarding this and it does not remove my unit from its responsibility to contribute to the Maintenance of ALL units as per discussions and resolutions made at general Meetings.
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