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Topic
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My strata committee passed an amendment to our bylaws regarding the keeping of pets. Previously there were strict rules and an application process. In 2018 the bylaws were reviewed and at the AGM which I could not attend, an amendment was made where the bylaw was changed to a No Pet policy, except for those pre existing.
Strata Management have advised me that all owners were asked for their input – although I received no correspondence regarding this. The proposed amendment was not on the agenda for the AGM – I don’t know if this is a requirement?
I have asked that this extreme amendment be reviewed at the next AGM. Strata management have advised me to write a motion and explanatory note, which I will do.
I suspect I will be in the minority, but regardless will press on and have the issue reviewed. Any advice or input would be greatly appreciated.
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The first step is there was no notice, which may invalidate the change, but that depends on the circumstances. You are required to put any proposed resolution on a notice of meeting.
Ask for the minutes of the AGM and check the resolution for the by-law, if it wasn’t on the agenda, who moved the motion? What was the vote on it? (this should be recorded)
A change to a by-law or a new by-law requires a special resolution, i.e. 75% of those voting at the meeting either in person or by proxy. The thing is, if someone gave a proxy and there was no notice of the proposed by-law change, how could a person giving the proxy give instructions?
Finally – has the by-law been registered. If not it has no effect.