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Our Owners Corporation registered a retrospective ByLaw three years ago capturing previous modifications made to townhouses and placing ongoing responsibility for these modifications on owners. The Act states owners signatures are required however our Strata Manager did not organise for owners signatures as specified. However, over 75% of owners were present at the General Meeting where the ByLaw was approved.
My questions:
1. Is this ByLaw ineffective due to the lack of owners’ signatures?
2. I have heard that after two years despite a lack of signatures, the ByLaw would be valid and enforceable. Is this true?
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