Common Property in Neighbourhood Association

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  • 02/09/2022 at 11:03 pm #65129
    philjohnk
    Flatchatter

      The new CLM Act 2021 allows all owners in an NA (Neighbourhood Association) to confer special rights on a group of owners to utilise Common Property subject to a Special Resolution. If all owners confer this right can anyone comment on why such a Motion to enable this to happen would be called “out of order” at an EGM? See extract of Act here:

      Use of neighbourhood property

      A by-law in a neighbourhood management statement may—

      confer a right of exclusive use and enjoyment of the whole or a specified part of the neighbourhood property on the owner or owners of the neighbourhood lots within the neighbourhood scheme, or
      confer special privileges in respect of the whole or a specified part of the neighbourhood property on the owner or owners of 1 or more neighbourhood lots within the neighbourhood scheme.

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    • 02/09/2022 at 11:03 pm #65140
      Jimmy-T
      Keymaster

        The best person to answer that may be the chair of the meeting who called it out of order.  Write and ask what teir reasoning was.

        But one reason that springs to mind would be if it was on the agenda but wasn’t flagged as requiring a special resolution vote.  That would do it.

        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.
        05/09/2022 at 5:37 pm #65158
        philjohnk
        Flatchatter
        Chat-starter

          Thanks for your reply Keymaster.  No that wasn’t it, the item was on the agenda and mailed to all members and designated as requiring a Special Resolution. It was only when the Meeting opened that the Chair via a tame solicitor gave the news about the ‘out of order’ but the meeting was so badly run we couldn’t understand what was said, too much ambient noise.  I’m still waiting on the Minutes to see what their reason was, I have asked for clarification.

          07/09/2022 at 2:45 pm #65218
          philjohnk
          Flatchatter
          Chat-starter

            Well received the solicitor’s letter and what can one say, as a member of the NA I can spend $5k + to challenge the letter legally, which to my thinking it contentious and like many legal letters reaches for details not available to non legal members.  Just have to put it down to being ‘handled’ I guess!

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