@shedsrus said:
Question(s):
Have I a fair case for objecting to the minutes as-published?
If they are not accurate and don’t reflect the resolution at the previous AGM, then yes. The easiest thing would be to have them amended before the meeting, if possible.
Can the meeting ignore my understanding and leave the situation as-is?
Yes, but that would leave owners open to accusations of not acting in good faith which could make them personally liable if they have knowingly ignored the facts and then it costs the OC as a consequence. Make sure you have something in writing that you can send to your secretary and have at least noted at the meeting.
If the minutes are amended, is a by-law required to place the onus back on the owners or is some other “special” approval available that has legal merit?
Yes. You need a special resolution by-law that makes sure the current owners and anyone they sell to takes responsibility for the trees. If they refuse, rip the trees out.
NOTE: I have read an amount around the subject and interpret things to mean we would absolutely need a by-law (at some cost) plus a signed document from the owners agreeing to our requirements. Is my understanding correct?
Yes. A by-law of this kind can only be passed with the written approval of the other party
Who gets to pay all the costs of by-laws and legals?
They do – after all, they are tho ones who are benefitting and no one else is
Scenario 2:
Another, first-floor, owner is wanting to install an aircon unit. Their intended place for the compressor is affixed to an external wall of the relevant bedroom, some three-plus metres above the ground.
Question(s):
It would appear a by-law would need to be created plus, as per the above tree issue, a document agreeing to responsibilities and signed by the Lot owner. Is that correct?
Probably, if it’s going to be installed on common property (e.g, a wall)
If council approval is required is it the OC who foots the bill or the lot owner?
The lot owner. They want the permission so they pay for it.
Can the OC insist the compressor go on the balcony?
No, not directly, but they can refuse permission for it to go anywhere else, either because it would be on common property or because it would be visible from outside the lot.