› Flat Chat Strata Forum › By-laws and outlaws › The committee as strata-cop › Can we split strata scheme to separate townhouses from units? › Current Page
I suggest you could try the approach you suggest. If you don’t get the required vote, then I think most strata legislation has something like the ACT provision I am familiar with, that is, that you can seek an order from the Tribunal (NCAT, ACAT etc) to ‘give effect to a failed motion on the grounds that objection to the motion is unreasonable.’ If your state legislation has such a provision, you could apply for what amounts to a merits review of the motion. If the Tribunal agrees that it was unreasonable for the motion to not have passed, then it can give an order to ‘give effect’ to the motion, that is, an order that you can proceed as if the motion had passed.
The Tribunal will want you to have tried at a general meeting first. If you try going to the Tribunal first, they will point out that the Act provides a process that is preferable and that it is inappropriate for them to get involved until you have tried putting the motion to a meeting.