#28444
Jimmy-T
Keymaster

    The critical issue is whether you think there is a by-law that’s applicable to the two motions (because the allegedly breaching owners have to have something to comply with). 

    If there is a by-law and you think the owners are not in breach, it would be much safer to say so at a meeting but take a vote to confirm that.

    If the owners are technically in breach of a by-law but the by-law doesn’t make much sense, then you should attempt to amend the by-law at a general meeting and then call on the committee to defer the NtC until such times as that has been done (or not).

    But taking it upon yourself to reject motions because you think nobody agrees with them is dangerous territory and can only lead to prolonged strife in your strata scheme.

    One way round this would be to get one-third of owners to sign a petition to you before the meeting, saying they are against the NtC motion.

    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.