#54506
Jimmy-T
Keymaster

    At first glance, that motion seems to be invalid.  There are decisions established in the Act that can only be decided by the owners at a general meeting, such as special resolutions.

    There is a difference between that and, for instance, Section 110 which says … “with the approval of the owners corporation given by resolution at a general meeting.”

    In that case, the General Meeting can resolve to authorise the committee to make all appropriate decsions on its behalf  – the apprval has been given BY resolution OF the general meeting

    However, the wording of some sections of the Act are slightly but significantly different.  For instance Section 103 -“Legal services to be approved by general meeting” says “An owners corporation or strata committee of an owners corporation must not obtain legal services … unless a resolution approving the obtaining of those services is passed AT a general meeting of the owners corporation.”

    Now, I am not a lawyer and this is not legal advice, but I think there is a difference between “by” and “at” that blows the resolution you described out of the water.

     

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.