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We have a significant EGM approaching where a motion will most certainly be to submit a Development Application to Council to gain consent for the operation of serviced apartments where there is currently no consent. Will this decision by the Owners Corporation require a Special Resolution?
The Act requires a special resolution for changes to common property, the answer to the above question relies on determining if the operation of serviced apartments means a change to common property. How is the answer to this question formalised and used to enforce the use or otherwise of the special resolution at the EGM – particularly where the Secretary generates the agenda and so decides up front if the motion appears as a special resolution or not?
Any comments would be welcomed.
jc
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