NSW: Q&A Proxies, Voting & Quorum Requirements for the AGM

Question: Can a vote on a decision be raised after a decision and expense has occurred? Under what circumstances does a decision require a special resolution? And who decides a special resolution is appropriate?

Answer: Once an expense has been incurred and paid for it is difficult to reverse

Once an expense has been incurred and paid for it is difficult to reverse and usually, the only decision that would arise, is a decision to ratify the incurring of an expense.

The strata legislation dictates which decisions must be made by special resolution. Examples of decisions requiring a special resolution include by-laws for owners carrying major renovations, management by-laws, exclusive use of common property by-laws, leasing of the common property, creation of easements, strata plans of subdivision, alterations to the common property.

For the full question and our detailed response, visit the original publication at Look Up Strata.

Do you have a question relating to your property or development? Contact us!

Please note that this article is provided for information purposes only and is not a substitute for professional legal advice.