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ACT townhouse. The units are terrace-style and date back to the 1980’s. The current colour scheme was adopted by special resolution about 15 years ago, but the records of the meeting no longer exist. Some old-timer owners remember it clearly, and there’s records from around the time that I got hold of that refer to the meeting, the vote and how many were there and voted.
Just recently a few owners coordinated between themselves and repainted their units in a completely different colour without getting approval to do it, let alone mentioning it to the EC. Have we got any leg to stand on seeing we can’t locate the actual minutes from years ago?
Is owner recollection, a few related mentions in records, and the uniform colour scheme that the complex was painted in the next year enough to go with if this ends up at ACAT?
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Any rule changes would have to have been made by a special resolution, requiring a super-majority at an AGM.
At the moment, an alternative rule made by the owners corporation under section 108 only takes effect on registration under the Land Titles (Unit Titles) Act 1970, section 27 or section 27A; or from any later date stated in the special resolution making the rule. Maybe you can search Land Titles records.
If the alternative rule was not lodged within 3 months after the day it was passed, the resolution is taken to have never been made.
In NSW, changing the external appearance of a unit requires the approval of a general meeting. The only reference I can find in ACT strata law is that a ‘rule’ can be made covering the external appearance.
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