invoking schedule 2, part 3, clause 7, point 4 of the CLMA objecting to the decision being made.
For anyone bewildered by theses references, the CLMA is the Community Land Management Act and the reference is to a clause which says this:
(4) Decisions to have no effect if opposed by more than specified owners
A decision of an association committee has no force or effect if, before the decision is made, notice is given to the secretary of the association by 1 or more owners of relevant lots, the sum of whose unit entitlements exceeds one-third of the total unit entitlements, that the making of the decision is opposed by those owners.
The secretary also seems to be depending on clause 39 which says a committee member can only be remove by a special resolution at a general meeting (which can be blocked by a 25 per cent vote against).
Section 39 allows for an “officer” to be removed from that office simply by electing someone else to it, but that has to be done by the committee, and if the committee member has the votes to block that motion, then they can do so (which is how we got here).
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.
- This reply was modified 1 year, 11 months ago by .