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QUESTION: Removal of garden – can an executive committee (ostensibly representing the owners) use a negative option process (rather than a special meeting of owners) to make decisions that have huge ramifications for the environment of a strata complex?
For example, removing well-established palms that do not threaten any infrastructure but characterise the property and, for many, were the main reason of buying into the complex in the first place. Reason: maintenance costs.
The negative option is that owners must respond to the committee before its next monthly meeting – failure to do so will be considered a vote for removal.
ANSWER: This is really two questions. Firstly, can non-votes be considered “no” or “yes” votes and the answer is no, they can’t. A non-vote is an abstention or a signal that you either don’t no or care enough to vote either way. If the chairmnan at your AGM says 20 people say yes and 20 say no but 40 didn’t turn up so we’ll coulnt thenm as votes in favour of the motion, you are going to be spending a lot of time at NCAT having decisions overturned.
The second question relates to the trees. Your local council usually has a sy in what trees can be removed and why so you should be talking to them as a matter of urgency.
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