#26113
scotlandx
Strataguru

    There are a few issues here.

    – are you saying that one person is the Chair, Secretary and Treasurer of the Committee?  It’s not quite clear.

    – in relation to the representations by the Chair and Secretary of the Committee respectively (who may be the same person), individual members of the Committee have no power or authority to approve anything.  They can tell you what their view/position is, but that doesn’t have any effect as a decision of either the Committee or the OC.

    – you say that the Secretary gave permission by special resolution to other renovations.  As above, the Secretary can’t do that, and the Committee can’t pass a special resolution either.  Do you mean that a special resolution was approved by the owners at a general meeting – as that is the only way a special resolution can be passed?  From what you have said it appears that there was no GM, as there was no by-law put in place, therefore there can’t have been a special resolution.

    I suggest that you do the following:

    – get confirmation from the Council that no approval is required, that way you can rebut any objections along those lines.

    – put your formal request in writing to the Committee with all the necessary paperwork with a timeframe, which would include holding a GM to approve a special by-law.

    – note that no by-law has been put in place for the other owner’s works, and that if a by-law is required for your works, a similar by-law should be put in place for that owner.  The reason for that is it protects the other owners from any liability relating to those works.