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[Matthew]

Hi everyone,

Apologies if this question does not go in the right area.

I understand how a RWD works, and that Strata Titles Act in WA suggests that they are needed when wanting to change Schedule 1 by-laws, and thats ok because I don’t have an issue with those.

The issue I am facing is that the Developer of our complex, who also still owns a unit and for a while was acting as our Chairman, Treasurer, Secretary and Strata Manager, held the First AGM when he was the Sole Proprietor. In that meeting, he passed several resolutions using a RWD. One of those resolutions was in regards to opening a specific bank account.

As we have now moved on to a private Strata company managing our complex, and with that, using a new banking system, he is claiming that because he used a RWD to open the old bank account, we cannot change that unless we have that decision over-turned with another RWD. So basically, because he won’t vote to change, he is saying we are stuck with the old banking system.

My question is, was that the right resolution to use in the first place (the Act says nothing about requiring a RWD to open a bank account) and if someone does use a RWD in the incorrect circumstance, how much weight does it hold in terms of being valid or invalid?

Thanks for any help

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