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Whale you refer to special resolution
The Strata Schemes Managing Act is clear in the duties of maintenance?
62 What are the duties of an owners corporation to maintain and repair property?
(1) An owners corporation must properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation.
(2) An owners corporation must renew or replace any fixtures or fittings comprised in the common property and any personal property vested in the owners corporation.
(3) This clause does not apply to a particular item of property if the owners corporation determines by special resolution that:
(a) it is inappropriate to maintain, renew, replace or repair the property, and
(b) its decision will not affect the safety of any building, structure or common property in the strata scheme or detract from the appearance of any property in the strata scheme.
The NSW laws does not allow the majority to steal from the minority (not yet until the new proposed Strata Acts are implemented where a special resolution will allow a forced sale on the minority)
Clearly anything is possible under a unanimous resolution if implemented correctly and all owners are told abstaining from voting is the same as agreeing as only the no votes are counted after one vote in favour.
A quorum is required to vote but it is not compulsory to vote.
The question is how section 62 reads especially (3)
What is determined by a special resolution?
(a) it is inappropriate to maintain, renew, replace or repair the property
Well so far all agree but the next bit is read two different ways
First
The special resolution decides
(b) its decision will not affect the safety of any building, structure or common property in the strata scheme or detract from the appearance of any property in the strata scheme.
Second
The special resolution can only be done if
(b) its decision will not affect the safety of any building, structure or common property in the strata scheme or detract from the appearance of any property in the strata scheme.
I seem to be the only one supporting the second option and if (observe the strike out)
(b) its decision will not affect the safety of any building, structure or common property in the strata scheme or detract from the appearance of any property in the strata scheme.
It requires a unanimous resolution
If the first reading is right there would be no need for an arbitrator.
As an arbitrator can only have an opinion that the decision did affect the safety of any building, structure or common property in the strata scheme or did detract from the appearance of any property in the strata scheme.