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Please clarify – is this one owner taking over common garden area or the Owners Corp tidying up the garden with fencing?
It is one owner taking over large common garden area in the front. Other ground Floor owners are beginning to take similar actions. Strata is in WA.
I get the impression there is no difference between an EGM or AGM for a resolution without Dissent to be passed as long as a Quoram was present (3 out of the possible 6) and no objection was raised ( which there was not, out of the 3 present at the meeting).
The 3 present at that meeting had 50% unit entitlement amongst them.
But does the process stand up, in terms of fomality, for a Resolution Without Dissent?
Gut feeling is that it may, informal as it was.
It sure presented itself as if it was an ordinary resolution in play and was not minuted as a resolution without dissent/sepecial resolution.
What was passed was even stranger.
Permission was given to erect A Trellis fence BETWEEN their unit and a side fence (effectively the service walk way on the utility services side).
The owner then proceeded to erect a trellis fence but the definition of what BETWEEN means is apparently very much open to interpretation.
The owner proceeded to use the furtherest(?) corner point from their unit parallel to the side fence rather than the closest corner point of their unit to the side fence, thus enclosing a very large common area, that apart from the lack of a padlock on the trellis gate, is effectively an exclusive area they now control at their leisure.
I wish i could attach a diagram.
Can a quorom of the other 3 (unit holders 4,5 & 6) with 50% now overtun the resolution?