@el capitan said:
Hi Peter,with the registered by-law saying “This By-Law may only be amended or repealed with the written consent of the Owner or Owners of the Lot or Lots concerned and in accordance with a special resolution.” there’s no point taking it to a General Meeting to seek that special resolution as we don’t have “the written permission of the Owner of the lot concerned” – and we have, through the original passing of the proposed balconies’ by-law the stated and voted on support of all other lots.
I think it’s likely to go to the Tribunal, I’m just trying to find out if my interpretation of what is covered by the exclusive use grant is correct based on the objector’s interpretation.
Thanks
Sean
In that case, I would think, if the NSW tribunal thinks as the ACT one does, that they would want to see written evidence that you have sought to obtain that written agreement and that a reasonable proposition was put to the relevant unit owner. IE that your application to the tribunal included a copy of the correspondence and any response obtained or a statement that you tried a second time but still obtained no response, perhaps even that the letter was sent as registered mail or hand-delivered to the persons mail box or whatever. Our experience is that the ACT tribunal wants to be utterly certain that all processes that could have taken place within the OC were exhausted and every opportunity for a reasonable response was available before they then give orders to do the reasonable thing.