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12/03/2013 at 10:19 pm
#18034
Does anyone know what the difference is between a “By-Law” and a “Special By-Law”.
I’m very confused for the following reasons.
1) A Special By-Law cannot be the result of a Special Resolution, because all By-Laws require a Special Resolution.
2) I can’t find anything in the SSMA which refers to Special By-Laws. The nearest I can come is Section 52(2) which talks about granting special priviledges such as exclusive use.
3) The LPI web sitesays (3rd paragraph)
All by-laws are given a number and any additional by-law should be numbered consecutively commencing with the number ‘Special By-law ‘.
This seems to imply that “special” is just a code word meaning this registration is an additional By-Law not a replacement set.
The Strataman web site says
In simple terms, all by-laws can be amended or repealed and new ones added by the Owners Corporation at a general meeting via a special resolution. If, however, the by-law to be changed or added is designated as a special by-law and requires an unanimous resolution, the requirements for the unanimous resolution apply.
Again, I can’t find anything in the SSMA about By-Laws which require a unanimous resolution.
Added to which, if people aren’t already confused enough by Special Resolutions and Unanimous Resolutions, why would anybody introduce the novel concept that a Unanimous Resolution gives birth to a Special By-Law. Why not a Unanimous By-Law?
5) Our Strata Manager can’t explain the difference.
6) But our previous Strata Manager registered (additional) very ordinary By-Laws as Special By-Laws.
Ow, my head hurts!