#28972
Jimmy-T
Keymaster

    @gwyn said:
    My question is:  Is there any reason why a majority of Committee (or Owners?) should not be able to rescind that particular clause in the Model By Laws?   

    The simple answer is that by-laws can only be created, rescinded or changed by  a vote of 75 percent of those voting, as calculated by unit entitlements, at a general meeting.

    It’s worth warning other readers here about the “ratchet effect” that comes into play.  While it takes 75 percent of votes to pass a by-law, it only takes 25 percent to block any changes.

    So if you weren’t paying attention, or just wanted to go with the flow, or hadn’t considered the consequences of passing a by-law, and now wish you hadn’t, you’ll find it can be a lot harder to undo than it was to create, especially if there’s a minority of committed people who sneaked a by-law through and then will defend it to the death.

    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.