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I’m in a Strata of 3 Lots and the owners of 2 of the Lots voted at a committee meeting to submit a DA for works to be carried out within Common Property. I objected however as they had a majority vote the Strata Manager has approved for the common seal to be attached and DA submitted. The works require a Special Resolution therefore I believe the common seal should not be attached to the plans for submission. My concern is the DA will be approved and works will proceed. What are my options? Thanks in advance.
- This topic was modified 3 years, 1 month ago by .
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I believe the other owners only needed a simple majority to approve the application to council but, as you rightly say, they will require a unanimous vote (effectively) to pass a special resolution.
Obviously they’ll be hoping that council approval with strengthen their case if this ever goes to NCAT for orders either to allow the change or to block it.
It’s a tactical move rather than an illegal act.
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.
There is a difference in voting between general meetings and committee meetings.
Motions at committee meeting are decided by a simple vote. The majority vote passes the motion.
At general meetings one can have a simple majority, a special resolution (more than 25% did not vote against) and unanimous resolution. For the first two cases, a poll vote ( votes in proportion to unit entitlements) can be called.
Works affecting common property ( unless repairs and maintenance) require a special resolution at a general meeting.
So from the facts you stated it’s unlikely thst the resolution was legally passed.
You can take this to NCAT and have the motion annulled. The owners will then need to withdraw their DA from council as the affixed common seal is now invalid.
An approach to the council by yourself will be fruitless as the council accepts documents in good faith.
The approval of the council is only supportive in thst the building works meet their planning requirements. The DA does not support that the application was lodged legally.
… from the facts you stated it’s unlikely thst the resolution was legally passed.
I’m afraid I disagree. A motion to seek council approval for work is not the same as a motion to commence the work. The council’s approval doesn’t mean that the work will be done, just that it can be done. There’s a big difference.
Obviously the majority of owners intend for the work to go ahead but they still require a special resolution and they simply don’t have the votes to achieve that.
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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