#21410
Whale
Flatchatter

    If you’re in NSW, the E/C Meeting can go ahead provided half of the elected members are in attendance (in your case that’s 3), and any members who cannot attend, irrespective of what position/s they may hold, may with the consent of E/C appoint another owner to act and vote in their place at the Meeting.

    BUT….. as KWP correctly states, the matter that your E/C wants to consider can only be decided by way of a Special Resolution (SR) at a General Meeting of the Owners Corporation (O/C), where for that SR to pass ≥75% of those in attendance both personally and by proxy would need to vote in favour, with that percentage being determined from the sum units of entitlement (UOE) of those in favour and the aggregate UOE of the Plan.

    If the SR was properly passed, your O/C must either create and register a Special By-Law covering the Owner’s exclusive use of the common property for their driveway, or grant them a “licence” to use the common property for that purpose; both should contain conditions such as one mentioned by KWP (post #2; last para) to take account of the real value (to the owner) of the common property that they’ve “acquired”.