millswills1

@JimmyT said:
The committee can’t say no without holding a meeting – and as you are a member you should have been informed of the meeting and given the opportunity to state your case.

Sounds like this is one of those ad hoc committees of two or three where the strata manager, chair and secretary just make decisions – totally against the regulations.

Submit your by-law and a letter requesting a decision as soon as possible to the secretary and the strata manager.  They will inevitably tell you that you’ll need to wait until the next AGM, but if that’s too far away, inform them that you will be seeking orders under section 232 (and will do so anyway if it’s rejected at the meeting).  

Just one other thing, the SM obtained a quote for replacing some unit entry doors in my building as they have asbestos. Should this have been discussed with the committee also? I found about it by accident and then I heard the doors have been ordered but I wasn’t included in any discussion on this either.

@JimmyT said:
Put up a written proposal asking for a special resolution by-law allowing you to install an awning on common property, accepting the condition that you will maintain and repair the awning and the common property to which it is attached.

If they refuse, inform the strata manager (or committee, if you have one) that you plan to take action under section 232 (2) (below) for failure to exercise a function.

If they still say no, or don’t take steps to have the other awning removed, seek mediation then take them to NCAT.

Section 232 (2) Failure to exercise a function

For the purposes of this section, an owners corporation, strata committee or building management committee is taken not to have exercised a function if:

(a)  it decides not to exercise the function, or

(b)  application is made to it to exercise the function and it fails for 2 months after the making of the application to exercise the function in accordance with the application or to inform the applicant that it has decided not to exercise the function in accordance with the application.

  

Thanks JimmyT. Should I contact the committee directly? I emailed the strata manager and he said he would ask the committee but I was not copied on any correspondence. He just told me they said no. Also I am on the committee, Can I vote on my own special resolution by-law regarding the awning? I was able to vote for a by-law regarding my own bathroom renovation at the last AGM.