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Repairs and changes
Hi there, your advice would be appreciated.
Two trees have caused the garden wall (common property) to crack and the wall will have to be repaired. Trustees wanted to avoid cutting the trees down and considered relocating them, further into the centre of the garden, but it would be too costly. They now want to buy two semi-adult trees as replacements for the two trees to be cut down, plant the trees on better spots and rebuild the damaged wall. This is not an improvement, can they go ahead with this, even if the trees are not replaced.
Secondly, two basement pedestrian gates (common property) are continuously being damaged, the self-closers deliberately broken to prevent the gates from closing or gates obstucted from closing using bricks, etc. It is costly and time-consuming to continuously repair these gates only to have them broken again, as occupants find the gates a tedious to unlock. As the gates are more often than not damaged or prevented from closing, they serve no real purpose and if removed, would be placed in storage for possible future application elsewhere. Removing the gates entirely, would solve the problem from a repairs and cost perspective and wouldn't impact on the security of the complex at all. This is also not an improvement to the complex, but rather an existing fixture removed and not replaced. Would the trustees need to advise all owners of the above two changes and await their feedback? As these aren't improvements but really just maintenance, would a unanimous or special resolution be required?
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RE: Repairs and changes
Lize, on your second issue: my opinion is that the trustees may proceed as part of their duty.
On your first issue, no knowing the cost, my feel would be it does represent a luxurious improvemtn to buy semi-adult trees. However, it depends on the cost thereof versus to overall annual budget.


