strata retaining wall

[rhapsody rue]

Hello, We are a group homettes(SA), not long ago an 'ordinary vote' went ahead regarding the funding of all the retaining walls(rebuild). I did not attend the meeting, as the agm listed two different funding options, which suited me either way. However at the actual meeting they came up with a third option(which was very different than the first two), and that was voted on.
My question is;
1) Considering we did not get 14 days notice for the third option, should this have been voted on this day?
2)As this comes under common property, shouldn't have this been a 'special resolution vote'?
I have seen legal aid, twice, and on both accounts they have told me I was correct.
I then contacted the strata management group, and they have basically told me that legal aid, know nothing, and if I employed a lawyer, for mediation, they weren't interested and would take me to court. Bullying at it's best.
So yes I have contacted a lawyer, and I need to pay 900.00 for him to read paperwork etc
Fair enuf, I need to pay for their time. However I would like opinions of anyone out there that could direct me? Should I proceed with lawyer? or just give in?

 

[rhapsody rue]

anybody?

 

[Rob Legat - SBPL]

What you’re really asking for is commercial advice: is it worth spending the money to contest this?

As you’ve said, you’ve already received some legal opinions from people who have had a look at the details. We’re not going to second guess those opinions based on a simple outline of things. And as a general rule lawyers shy away from giving commercial advice, especially litigators - it’s more traditional than anything, but we’re not qualified to give you a cost benefit analysis on taking action, and it’s a good way to get a client annoyed at us (i.e. inviting a professional negligence claim) if the outcome doesn’t go their way/it does go their way but ends up costing more than if they’d just accepted the situation.

If the dollars make sense in you fighting it, and you feel strongly enough about it, go for it and get the advice. If the dollars be damned and it’s the principle of the matter, then I’d the same - but be very aware that legal action based on principle alone is often a poor, unsatisfying and ultimately costly experience.