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An Extraordinary General Meeting has been called by our Executive Committee to vote on just two motions choosing colours and carpet for Common Property carpet and painting of walls in our Strata’s very open, light halls and stairways which are visible to all who pass, come and go through sets of big windows. (Well, they don’t actually come and go through the windows. Hem, hem.)
This may substantially change the appearance of our building of 38 apartments. Should it be an Ordinary Resolution or a Special Resolution? If it was up to a me, a strata layman, I’d say a Special Resolution.
Apologies if this post is in the wrong part of the forum.
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As I have said many times on this forum, there are no StrataKops who are going to come crashing thorough those windows of yours to enforce that laws and by-laws. Even if there were, this is far from clear cut.
So you have three options;
1) persuade enough of your neighbours that this is a bad idea.
2) if you don’t have the numbers, tell the general meeting that you plan to challenge the decision on the grounds that it should be a special resolution and should have been marked on the agenda as such
3) if nthat doesn’t work, be prepared to go for an interim adjudication to halt the work until such times as it can be determined whether ot not this required a special resolution.
To be honest, if I were on your EC and was reading this, I would go for a special resolution and just make sure I had the numbers.
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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