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The law and the Tribunal are both very reluctant to declare meetings and decisions made at them invalid because of a flaw in the process.
Section 24 of the Act, which establishes the right of the tribunal to invalidate a decision made at a meeting where correct procedures were not followed, specifically says the Tribunal may not do so if it would have made no difference if correct procedures had been followed.
For instance, Jeff supports Irene’s candidacy for the strata committee, but Jeff’s vote is wrongly excluded because he is incorrectly thought to be behind with his levies. However, even if Jeff’s vote had been allowed, Irene would still have fallen short and would not have been elected. The election result stands, despite the flawed proceedings.
Similarly section 38 states (not in so many words) that defects in the appointment of strata committee members can’t be used as grounds for invalidating decisions made by the committee.
