#13153
random
Flatchatter

    bpositive said:

    Haha. When I complained to mediation – they quickly held a EGM got approval from the exec committee and passed a special resolution. No s31, no bylaws, no consent. If you have the majority you can do anything! As matters stand even today there are no bylaws. Additions by owners to common property have to be first approved. Not the other way round. That is the law. But CTTT decided thru adjudication and hearing that the fence stays for practical reasons. It is now a safety fence – what a joke!

    If it was approved by a majority at an EGM, I guess there is really nothing you can do, as majority rules as you suggested.

     

    I wonder if it's possible to resolve at a future AGM / EGM to take down the fence if the majority switches in favour of this, but I have no idea if it's that simple (I assume the resident with the fence would take it to the CTTT if a future resolution went the other way).

     

    My suspicion is that you'd at least need the majority at a future AGM / EGM for a motion on this, plus if it seemed like you could get this, I would think you'd need some legal advice as well. Not a good situation anyway. Confused