When are unanimous decisions mandatory at an AGM ?
I am VP of our Community and have recently had a heated debate with our Administrator about when unanimous decisions are are mandatory and when a majority vote is sufficient. Up until now we have had applications for minor building works or alterations approved or disapproved by a majority vote. Suddenly the Administrator has, without consulting anyone, "changed" this requirement and said this must now be unanimous. This "change" in itself I believe is illegal but on a more general point could you give a simple definition of what needs a unanimous vote (Section 12 of the Horizontal Property Act) and what is covered by Section 17, requiring a majority vote.
In our specific case there were 3 applications for alterations - one, to erect some additional fencing around a property, second to build a small set of stairs from a ground floor Apartment to the pool area, and third, to replace a door an add an awning. The Administrator said that ALL these required unanimous approval - "it is the law" !!??
I believe that the Administrator is wrong on 2 counts - one, in trying to illegally force a change of voting requirement on the Community without approval, and second his misinterpretation of Sections 12 and 17 of The Horizontal Property Act. Your views would be very much appreciated.
25 JUNE - Is there any chance that someone could provide a short reply to these questions please as I need to know where we stand ??
Last edited by patoc; 06-25-2013 at 11:53 PM.
when are unanimous decisions mandatory
Patoc, did you get a reply on this one?