#18049
Whale
Flatchatter

    Kangaroo….

    Whale said …..With regard to your off-topic query…in NSW, By-Laws are the standard ones listed in Schedule 1 to the Strata Schemes Management Act (SCMA) and in Schedule 3 to the Regulation (2010) that apply to all Plans that were Registered at the time when those Laws were gazetted, and which need to adopted in full or in part by those since Registered.

    Special By-Laws are those specially resolved (i.e. ≥75% in favour) by Owners at a General Meeting in accordance with Sect 47 of the SCMA and subsequently Registered in order to address a Plan-specific need or requirement.  

    ….and further, don’t get too hung up by the term “special” as I believe the drafters of Legislation, who are obliged to have a limited vocabulary and no knowledge of punctuation, were merely trying to use that word as a means of differentiation.

    In terms of By-Laws, “special” is used to differentiate between the standard or model By-Laws provided in the Strata Schemes Management Act (SCMA) and Regulation and any that have been decided upon by the Owners Corporation (O/C) for plan-specific reasons.

    With regard to resolutions of the O/C, again “special” is used to differentiate between those for ordinary matters and those for something extraordinary, and as the latter term had already been used elsewhere in the SCMA, those vocabulary and punctuation challenged drafters were stuck with “special”.

    Seriously though, I don’t think there’s any other link between By-Laws and Resolutions of the “special” variety, and that it’s as you say “just a code word”.

    I’ll stand corrected, but with reference to the NSW SCMA the only occasions that I’m aware of where a Special Resolution is required are to:

    • Remove an Executive Committee member
    • Make, revoke or change by laws
    • Licence Common Property to Proprietors
    • Give consent to Proprietors change to the Common Property
    • Decide not to maintain or repair Common Property
    • Add, alter, or change the Common Property
    • Offer 10% discount on early levy contributions
    • Pay a Proprietor for transfer or lease of Common Property

    Similarly, Unanimous Resolutions are required to:

    • Distribute surplus funds to Proprietors
    • Request CTTT (Adjudicator) to exempt the Plan from the requirement to insure the Common Property
    • Not to establish a Sinking Fund (2 Lot Plans only)
    • Amend or revoke the effect of an Order (before application to the CTTT)
    • Revoke Exclusive use By-Laws (with the consent of the beneficiary)

    As I said, there may be others like terminating the Strata Plan under the NSW Strata Schemes (Freehold Development) Act, but now my head hurts!!