#22398
Jimmy-T
Keymaster

    I think the answer may be in seeking an order under Section 158 1(b), 2 and 4 where an owner has refused a reasonable request to agree to an amendment of a special resolution by-law.  This is what section 158 says:

    158   Order with respect to by-laws conferring exclusive rights or privileges over common property

    (1)  An Adjudicator may make an order prescribing the making, amendment or repeal, in terms of the order, of a by-law if the Adjudicator finds:

    (b)  on application made by an owner or owners corporation, that an owner of a lot, or the lessor of a leasehold strata scheme, has unreasonably refused to consent to the terms of a proposed by-law of that kind, or to the proposed amendment or repeal of such a by-law, or

    (2)  In considering whether to make an order under this section, an Adjudicator must have regard to: (a)  the interests of all owners in the use and enjoyment of their lots and common property, and  (b)  the rights and reasonable expectations of any owner deriving or anticipating a benefit under a by-law of the kind referred to in section 51.

    (4)  For the purposes of subsection (1), an Adjudicator may determine that an owner has unreasonably refused consent even though the owner already has the exclusive use or privileges that are the subject of the proposed by-law.

    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.