Question: In the AGM last year, we all voted to have a defibrillator. The chairman and secretary voted against it and in every meeting since have decided to ask a lawyer their legal rights and are digging their heels in. Can they do this?
Answer: It may be that the strata committee is seeking clarification for the proper procedure to implement its AGM decision.
A decision made by an Owners Corporation may be rescinded but this does not appear to be the case here. It may be considered prudent that the strata committee has sought legal advice as to the potential liability/insurance implications of having a defibrillator onsite before installation of same. This addition to the common property will also likely require a special resolution and it may be that the strata committee is seeking clarification for the proper procedure to implement its AGM decision.
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‘Liability limited by a scheme approved under Professional Standards Legislation’.