• Creator
    Topic
  • #56806
    alfredo
    Flatchatter

    Our SC intends to put forward (as requested by majority owners) an AGM motion whereby the maintenance and replacement of windows and balcony sliding doors is proposed to change from common property to lot owner’s property i.e. the cost is to be borne by the lot owner.

    Would an ordinary resolution (majority vote) suffice or does it require to be a special resolution (75% for) motion?

    Read through the ACT and could not find the answer to the above. Can someone please let me know of the link?

    While you are kind enough to respond, would painting the external surface of the entire block require an ordinary or a special resolution?

Viewing 4 replies - 1 through 4 (of 4 total)
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  • #56830
    kaindub
    Flatchatter

    What is being proposed is an exclusive use by law.

    There are two hurdles to jump.

    The first is that no more than 25% of the votes cast can oppose this by law

    The second is that for an exclusive use by law, the OC must get written consent from every affected owner.

    The second hurdle is the tough one, because if one owner objects then the bylaw can’t be registered.

     

    #56832
    Jimmy-T
    Keymaster

    The second hurdle is the tough one, because if one owner objects then the bylaw can’t be registered.

    Correct.  So, in effect, a unanimous vote is required (even though you only need a special resolution to pass a by-law). I think this would fall under Section 143 and Section 144 of the Act.

     

    #56833
    Jimmy-T
    Keymaster

    Painting the block would only need a general resolution and could even be approved by the committee unless you were radically changing the look of the block.

    #56845
    alfredo
    Flatchatter
    Chat-starter

    Thank you good people.

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