by Telemon Admin | Jan 4, 2016
While the strict legal answer to this question is relatively simple, practicalities and the circumstances of the situation sometimes means that enforcement of a by-law is challenging. If a party simply wants to act unlawfully, ‘encouraging’ that party to...
by Cameron Shaw | Dec 3, 2015
The NSW Court of Appeal has helpfully said: “The power of a proprietor to vote at general meetings of the body corporate is not fiduciary, and within limits it may be exercised by the proprietor for his or her own benefit.” Houghton v Immer (NO 155) Pty...
by Cameron Shaw | Mar 23, 2015
While the Strata Schemes Management Act 2015 (NSW) allows for the Registrar to dispense with the need for mediation if mediation is “unnecessary or inappropriate in the circumstances” (and it is not necessary in certain other situations, including where...
by Cameron Shaw | Mar 23, 2015
Most non-controversial decisions (if such things exist!) at General Meetings of an Owners Corporation are decided by a “show of hands”. That means that voting is determined by counting how many people vote for or against (or abstain) from a...
by Cameron Shaw | Mar 23, 2015
No. Passing a Special Resolution is framed in the legislation the other way around. That is, not as a 75% in favour, but as a not more than 25% against. It’s a two stage process. First, the Special Resolution needs to “pass”, that is, a majority must...
