[FrankyAlison]

It’s a proper garage with a rolladoor. 

I’m not sure about the by-laws as am not sure how to find /access the paperwork. Are by-laws the same as the Strata Plan? 

[FrankyAlison]

Thanks Lady Penelope and Scotlandx – super helpful.

[FrankyAlison]

Thanks Scotlandx, that is very helpful context. You don’t happen to know where I can get hold of the strata plan? Is it something a solicitor could access? I don’t have a copy in my records (I purchased 5 year ago). Thanks.

[FrankyAlison]

Thank you all for your very helpful advice. It’s really appreciated. 

I’ve been unable to find out with my own strata documents what the exact ownership of the garages is, but I believe it’s they are most likely to be common property with exclusive use of the upper units. 

It seems like I will need to go to a solicitor to sort out. My previous solicitor has retired. Do you have any recommended solicitors?

Yesterday I received a letter from the strata saying, regarding our August AGM, 
“If you want the meeting to consider a special resolution (or motion) in relation to the issue(s) then you are required under the provision of relevant legislation to advise the Secretary of the Owner’s Corporate (i.e. me) and send to me a copy of the resolution that you propose. I then distribute the resolution to the other members of the body corporate.

Given the issues that you wish to discuss (and possibly change) are subject of a By-law, we think you should take some legal advice.

Any resolution (or motion) that you wish the meeting to consider must be received by me at least 21 days before the AGM. If it is not received by me by that date, it will not be included in the AGM.”

I am leaving for a 4 week trip on Tuesday morning and won’t have time to consult a solicitor before I go. 

Do you have any advice? If I miss the chance to propose a special resolution before I go, can I do so after the AGM?

Many thanks.

[FrankyAlison]

UPDATE:

There is some confusion as to whether the two garages are on the deeds of the two units who use them, or not. 

So I would appreciate answers if:

1) The garages (for some reason) are not on their deeds. They are certainly not on my deeds, and are only used by the two upstairs units.

Many thanks

[Author]

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