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[Lobelia]

The establishment of a community garden on common property was authorised by the strata committee over 3 years ago. The site chosen was weed infested and unsightly. It is now claimed it should go to an AGM for approval and so should be shut down as a community garden and all traces of the garden removed.

This is despite those who joined paid $50 for the seedlings and manure each year of membership. Both tenants and owners were invited to join. My question is does it really need to go to an AGM or was the authorisation of the Strata committee sufficient.

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[Jimmy-T]

This sounds like the committee did what it is expected to do, and made decisions about the management of common property.  Now, that decision could be overturned by a vote at a general meeting, but I can’t see how it would have needed that level of approval to begin with.

Obviously, someone doesn’t like the garden being there, but they are going to have to come up with a better argument that a misrepresentation of strata law.

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.

[Sir Humphrey]

If the owners corporation had a landscape plan adopted as policy by a general meeting resolution that designated this area for growing weeds and if the committee changed its purpose to growing veggies without similar authority, then that might have been acting beyond its powers. If it spend a substantial amount on the establishment of the garden without a budget allowance, that also might have been beyond its powers.

However, now, 3 years on, the area IS growing veggies and I suggest the onus is on anyone objecting to put a motion to a general meeting to change the purpose of this area of common property to something else. Such a GM resolution would then trump the committee’s decision. The committee could put a counter-motion to establish a set of guidelines for the management of the area as a community garden.

Ultimately, the owners corporation as a whole can decide how it wants to use its common property.

BTW. When the place where I live set up a substantial community garden it involved non-trivial money and a change of purpose to an area of common property so we did put an authorising motion to a general meeting after considerable consultation with owners.

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