› Forums › Common Property › Adjudicator order – now SM is changing By Laws – where do I stand? › Current Page
KP’s right.
With reference to the NSW Strata Schemes Management Act, have a look at Sect. 43(4) and more particularly Sect. 49(2).
In the first case, you have a ruling under Chapter 5 of the Act, and as the proposed amendment to your Plan’s existing Special By-Law would render it inconsistent with that ruling, the amendment would have no effect; so it’s dead!
In the second case, the Adjudicator’s ruling is effectively a By-Law, and so that cannot be amended except by a unanimous resolution of those present at a General Meeting; so it’s buried!
So let the vindictive buggers put their half-smart Lawyer’s amendment to the vote at the General Meeting, and when you vote NO it is, with apologies to the Prime Minister, cremated!
