- This topic has 2 replies, 3 voices, and was last updated 6 years, 2 months ago by .
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Topic
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Our Owners Corporation registered a retrospective ByLaw three years ago capturing previous modifications made to townhouses and placing ongoing responsibility for these modifications on owners. The Act states owners signatures are required however our Strata Manager did not organise for owners signatures as specified. However, over 75% of owners were present at the General Meeting where the ByLaw was approved.
My questions:
1. Is this ByLaw ineffective due to the lack of owners’ signatures?
2. I have heard that after two years despite a lack of signatures, the ByLaw would be valid and enforceable. Is this true?
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1. Is this ByLaw ineffective due to the lack of owners’ signatures?
2. I have heard that after two years despite a lack of signatures, the ByLaw would be valid and enforceable. Is this true?This is what Section 143 of the Act says:
(1) An owners corporation may make a common property rights by-law only with the written consent of each owner on whom the by-law confers rights or special privileges.
and …(4) After 2 years from the making, or purported making, of a common property rights by-law, it is conclusively presumed that all conditions and preliminary steps precedent to the making of the by-law were complied with and performed.
So my reading of that is that your summary in your second question is correct. However, if on owner or subsequent owner of an affected property wanted to challenge the by-law withing the two years, I suppose they might.
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Jimmy is correct if it is an exclusive use bylaw.
However if it is just a bylaw approving certain modifications and embodying the usual clauses about who maintains the modifications, then the by law is valid as it stands.
In a case where a bylaw is registered that is not lawful, or the wrong bylaw is registered, its a bit of a trial to get it reversed.
One method is to hold a GM and revoke the wrong bylaw, and this requires the usual special resolution. You may not get 75% of votes. This method is required as LTI require that a GM has passed the bylaw or its modification.
Second method is to go to NCAT and prove that the bylaw is unlawful/not voted correctly etc and have NCAT issue a directive to change the bylaw, which you then take to LPI.