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We are undertaking major renovations that were approved in principle at an AGM ie the alterations that are being made to the common property (eg air conditioner on the roof etc) were put before the owners at the last AGM and approved unanimously. The SC then advised that a by-law should be submitted and approved prior to the work commencing.
The by-law has been submitted and the SC have advised it needs to be reviewed by their solicitors however they will not pass it on to the solicitors until the committee members have reviewed it at a SC meeting (even though it documents works they have already approved) and that they will only review it at a meeting held in person (not electronically).
The works have already been extensively delayed and this proviso will delay the works indefinitely. What can we do? The precedent has been that once the works have been approved by the SC it was OK to go ahead with the renovations and the by-law passed at the next scheduled general meeting (AGM). As far as we know we are the first to be required to have a by-law passed before commencing work.
We are not averse to paying for their solicitor to vet the by-law and are not averse to calling and paying for an EGM – we just can’t get them to look at it. The tactics being used to delay, we feel, are vindictive.
Could we ask NCAT to order that the by-law be made? How long is that process likely to take?
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