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  • #54620
    alfredo
    Flatchatter

      What are the steps for submitting a major renovation application to the OC?

      Does the SC call for an extraordinary meeting to approve the applicant’s major renovation project and once approved the applicant can proceed to secure the by-law, or

      Does the applicant have to lodge the by-law at the same time when lodging the application for the OC to approve both?

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    • #54628
      webman
      Flatchatter

        I believe it’s all about options…. how patient is the applicant, and how much are they willing to spend.

        IMHO, there are two main options:

        1) Quick/expensive
        The applicant would have a suitable by-law written up, would probably include the SM and the SC to ensure all concerns are addressed.
        The applicant applies to the SC to have an EGM, and pays any associated costs for the running of the meeting. At the meeting the renovation and by-law would be discussed and either approved or denied. If denied, then you may have received some feedback on what needs to change to get it approved, and repeat the process.
        Time: About 2 months (notice periods for meetings, etc, not sure of exact times)

        2) Slow/Cheap
        The applicant requests a motion is added to the next AGM (or EGM whichever happens to come first), at the meeting discuss and approve/reject the request for the renovation, and terms of the by-law.
        Have the by-law written as per feedback at the meeting
        The applicant request a motion is added to the next AGM/EGM, and has the by-law approved.
        Time: up to 2 years….

        AFAIK, a motion as written can only be approved/denied at a AGM, you can’t modify the by-law during the meeting and then approve the modified by-law, and you can’t approve a by-law that hasn’t been written yet.

         

        #54645
        Jimmy-T
        Keymaster

          AFAIK, a motion as written can only be approved/denied at a AGM, you can’t modify the by-law during the meeting and then approve the modified by-law, and you can’t approve a by-law that hasn’t been written yet.

          You probably meant general meeting rather than AGM (which can only happen once a year, EGMs can happen as prequently as the owners corp can stand).  And you can amend the wording of a by-law provided it doesn’t alter the original intent of the motion.

          The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
          #54777
          Jimmy-T
          Keymaster

            And to answer the original question, for a major renovation you might be best to talk to the strata manager, building manager and committee about how they would like you to proceed, then use that information to move a by-law that has their blessing (but not approval, which they can’t give) at a general meeting.

            Again, larger schemes should have a catch-all by-law that all owners seeking renovations can sign up to, rather than everyone having to start from scratch every time a reno is planned.

            The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
            #54784
            alfredo
            Flatchatter
            Chat-starter

              Thank you for the answers.

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