This topic contains 1 reply, has 2 voices, and was last updated by Jimmy-T Jimmy-T 3 days, 10 hours ago.

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  • #36426
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    The Hood
    Flatchatter

    My OC passed a special resolution relating to the consolidation of the by laws but then failed to lodge the changes with Land Registry Service (LRS) within the 6 months as set out in s 141(4).

    When the problem of late lodgement came to the attention of the LRS the date of the resolution was changed on the by laws change form  (15CH form) to a different date.

    There was no meeting and there was no new special resolution passed on the ‘new’ date that now appears on the 15CH form.

    LRS, on the presumption of regularity, then registered the dealing.

    So my OC has a dealing lodged out of time that authorises changes to the by laws based on a purported special resolution that does not exist.

    How valid are those by laws?

  • #36430
    Jimmy-T
    Jimmy-T
    Keymaster

    For the unitiniated, Section 141(4) says this:

    A notification [of new by-laws] cannot be lodged in the Registrar-General’s office more than 6 months after the passing of the resolution to make the by-law.

    So, on the face of it, those by-laws would appear to be invalid.  But what does this actually mean?

    In real terms, it means that anyone who is sent a Notice To Comply with one of these by-laws can ignore it or reply that the by-law was invalid so the breach can’t exist. Chances of that happening in world where a lot of apartment residents think by-laws are optional? Very low.

    The smart thing for your strata scheme to do would be to re-table the by-laws at the next AGM and in the meantime pretend that they are valid on the basis that the kind of people who wilfully breach by-laws won’t know the difference.

     

    • This reply was modified 3 days, 10 hours ago by Jimmy-T Jimmy-T.

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