What are the risks if we want to carry out an informal consultation process?
Clearly, you would fall foul of specific legislation put in place to protect service charge payers, this is inherently risky. For emergency works you should start a formal consultation process and simultaneously apply to the Tribunal for a dispensation from the full 2 or 3 stage consultation. A Tribunal will be better impressed if you can prove that your consultation efforts were transparent, email chains are good. That way if it goes to Tribunal you will be on better ground in trying to prove you have been reasonable and looked after owners’ interests.