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Hi. Wondering if anyone can assist. I bumbled into making a decision about supporting a special levy for a piece of work I now deeply regret making. I want some professional advice before the work attached to the levy is completed but 2/4 owners are keen for the work to go ahead, so are not interested in the inspection.
Is there something in the NSW strata legislation akin to a cooling off period? I’m hoping yes but suspecting no – but I thought I’d ask the Flat Chat team.
Thanks
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I would think if the meeting has voted then that is that. In the ACT there are several mechanisms to overturn a decision. Perhaps you have similar provisions.
1) if the meeting proceeded with a ‘reduced quorum’ the decisions do not come ‘into effect’ for 30 days, so there is time to rally the troops to call another meeting to reverse the decision.
2) In any case, a petition by 25% of owners (or unit entitlements) can require the EC to call a general meeting if the topic is specified. It would be a brave EC that pushed ahead when a new meeting had been called to review the decision.
3) You could apply to the Tribunal for an order to overturn a decision on the grounds that it would be ‘unreasonable’ for the decision to proceed. Grounds could include that new information has come to light that make the decision unreasonable. You don’t have to prove that people were being unreasonable at the time of the meeting, you just have to convince the Tribunal that it would not be reasonable to proceed with the decision. Perhaps it would be unfair to some owner in a way that was not fully appreciated at the time?
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