#24969
Jimmy-T
Keymaster


    @Pamster
    said:
    I have discovered that the motion for the By-law was defeated at the EGM due to the fact that the unit entitlements counted as votes in favour of the By law were not sufficient be the 75% required to pass a special resolution.

    Just to be clear, a by-law doesn’t require 75 percent of the votes – just that no more than 25 percent of the votes cast are against it.  

    What’s the difference?

    If there are 90 potential votes at the general meeting and 61 votes are in favour, 19 votes are against and 10 people abstain, the motion is carried because less than 25 percent of those voting — 19 out of 80 – voted against.

    So if detailed records of who voted have been retained it’s worth checking.  Also check if the votes cast were valid (the owners weren’t in arrears with their levies).

    On the question of the air conditioning, in the absence of a by-law allowing a change to common property, the person with the air-con should be asked to remove it (assuming it is bolted to the slab and ducting passes through common property).  This may require action at NCAT if they refuse.

    The EC was right to try to formalise this situation in some way and there’s no issue with them drafting a by-law.  But now that the by-law has failed, the air-con should go.

    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.