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Could someone please advise, that if a new by-law is drafted under the auspices of, and then put out by the Committee of Owners for owners to agree to, but there are dissenting owners, is it allowable for the bylaw to be amended under Western Australia Strata Titles Act 1985 so that the dissenting owners sensible views are incorporated. thus the bylaw is amended?
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As in most states, a by-law can only be created or altered in WA by a special resolution at a properly notified and convened general meeting.
To achieve a special resolution in WA strata schemes, it has to be agreed on at a general meeting by no fewer than 50 percent of the owners numerically who must also represent a total of no less than 50 per cent of the unit entitlements.
Furthermore, it must not be opposed by more than 25 per cent of owners and/or owners holding 25 percent of unit entitlements.
However, owners have 28 days from the meeting to gather enough dissenting votes and send a letter to that effect to overturn the by-law.
If your committee did not hold a general meeting for all owners, then the by-law is invalid. If they did hold a properly constituted general meeting, then the above conditions apply.
Frankly, unless you have 50 percent of owners turning up at meetings in person or by proxy, I can’t see how by-laws ever get passed. And I defiinitely can’t see how they would ever be altered if they were legitimate in the first place.
You’ll find the letter of the law HERE. Good luck.
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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