NSW Q&A: Rescinding Resolutions

Question: in relation to the article: NSW: Q&A Can Owners Corporation committee decisions be reconsidered? can you please point me to the section or clause in the SSMA 2015 or SSMR 2016, that refers to rescinding resolutions as referred to in this article 359?

Answer: Any decision made by a corporation may be reversed.  Further, Sch 1 Cl 21 states: 


21 Unanimous or special resolutions to be amended or revoked in same way

(1) A unanimous resolution or special resolution of an owners corporation about a matter that is required by or under this Act or the by-laws of a strata scheme to be determined by a resolution of that kind cannot be amended or revoked other than by a subsequent resolution of the same kind.

(2) However, a unanimous resolution of an owners corporation dealing with common property may be amended by a special resolution.


Therefore, the legislation specifically contemplates that an owners corporation may decide to change or completely reverse a prior decision made by it

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