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hi,
The OC brought in 2 By Laws (no pets and no smoking) at an EGM 2 weeks after i had moved in with a puppy. the votes were 4 units against one power of attorney was used by an EC member for another member who was not present. The EC member said a proxy form was not needed when she had
power of attorney. This was all recorded in the minutes but the thing is, No proof of power of attorney was provided and there also is no power of attorney held for that person registered in the land and titles office.If this means that the EC member has fraudulently voted on the behalf of another OC member in order to pass through these bylaws then they have been registered illegally and should this make them invalid?
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If the vote was fraudlent and that vote made a difference to the outcome (which in this case it clearly did, getting the vote over the 75 percent threshold for by-laws), then it can and should be overturned.
Call Fair Trading on 13 32 20, pay your $75 and start proceedings to get this reviewed by the CTTT. You may also want to talk to a strata lawyer.
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.
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