Question: My renovation by-law was approved at the AGM but not registered in the minutes. I have to wait until the next AGM for the minutes to be amended. I’ll be outside of the time limit to register the by-law. Can I resubmit or register late due to this error?
I submitted a renovation by-law for approval. Although the by-law was placed on the agenda and approved, this was not recorded in the minutes. When I notified the strata manager, they refused to amend the draft minutes and said changes would only be made at the next AGM when the draft minutes were approved or amended.
My solicitor could not register the by-law because I had no proof it was passed. I have to register the by-law within six months of it being passed, so even if the minutes are amended at the next AGM, I can not register the by-law.
Do I put the by-law up for approval again? Can I do this if it has already been approved? If the draft minutes are amended at the next AGM, can I still register my by-law if it is out of the 6 months registration period?
Answer: If you are still within the 6 month period to register your by-law, I would start by lobbying the strata committee to correct the meeting minutes.
This is very unfortunate. If you are still within the 6 month period to register your by-law, I would start by lobbying the strata committee to correct the meeting minutes. If it was a clear mistake I cannot see the issue with re-issuing the corrected meeting minutes.
You should let the strata committee and your strata manager know of any loss you may suffer due to the strata manager’s refusal to correct the meeting minutes and your inability to register the by-law. This may be, for instance, forfeiting a deposit under a contract for works. The secretary will be able to override the strata manager’s refusal and re-issue the meeting minutes as the power to issue meeting minutes is, in fact, the secretary’s. It is only delegated to the strata manager.
If you are outside of the 6 month time frame, you will have to have your by-law motion re-passed and then registered.
This post appears in the June 2024 edition of The NSW Strata Magazine.
Allison Benson
Kerin Benson Lawyers
E: allison@kerinbensonlawyers.com.au
P: 02 4032 7990
Leave a Reply