#23257
Sir Humphrey
Strataguru

    I agree. The EC has quite properly developed a proposal based on its own observations and research and is now putting that proposal to a general meeting for a decision. That seems all completely above board.

    I also agree the motion should be put as a special resolution for the reasons given by our aquatic colleague. Even if it were not clear from the Act, it would be a good idea for the EC to choose to put it as a special resolution and only act on the proposal if passed as a special resolution. That said, if the motion were to come very close to passing as a special resolution then that would show support from a very substantial majority and I don’t think it would be unreasonable to consider putting the motion again to a later meeting. 

    We had a proposal some years ago for which the Act was unclear about whether an special or ordinary resolution was required. Our managing agent advised the latter but an owner challenged it when it passed by a slim majority and legal advice suggested it could be done one way or the other way depending on some details. Since we would clearly have arguments if we did not get a special resolution, we took it back to a general meeting at which we got an increased majority but just short of a special resolution. (It is easy to run a scare campaign and convince a minority to oppose a special resolution.) We did not go ahead but later the Act changed to make it clear than an ordinary resolution was sufficient (due to our OC’s experience and my submission to the review). We put the proposal a third time and got an even larger majority in favour, easily enough for a special resolution, even though we only needed an ordinary resolution.