› Flat Chat Strata Forum › Finance, budgeting and loans › Strata’s financial statements withheld from OC › Current Page
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.