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[facinating]

In a strata complex of 6 an EGM was held that had 3 votes (quoram) to approve the enclosure of a common garden area using some trellis. The issue is of access to utility pipes and restricted access.

 

I am not sure of the diff between an EGM or an AGM in relation to when this matter was passed with 3 votes. Does it matter if it was an EGM rather than an AGM when passing?

 

The other items i hope to oppose it on are as follows, and i hope that you can advise which ones are not appropriate:

• No 14 days advance notice was given as required under the act for a special resolution or resolute without dissent.  (Schedule 1 by-law 11 (5))    

• A special resolution of this nature for 3-5 lots requires not less than 4 lots votes and those votes have no less than 50% of the aggregate unit entitlement  –   only 3 lots were present to form the quorum and no proxies were presented or noted for the meeting. (not sure if this is applicable as it only applies to special resolution rather than resolution without dissent).
•  Is there a nuance of Special Resolution v Resolution without Dissent involved in relation to the resoution put foward?
• This was an EGM not an AGM
• The resolution presented was not presented as a written letter to the members but read out only (not sure this matters at all – read by Chairperson)
• Not aware of any written dissent following within 28 days after the meeting
• no mention in the minutes of a special resolution, therefore was it an ordinary Resolution and can be challenged?

Impact – now other lots on ground floor are enclosing common property with Trellis to the detriment of use by upper floor owners.

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