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Deeds office stamp!
We have an owner who is challenging the validity of our updated rules. We had a meeting with notification to all,sufficent quorum for a unanimous resolution etc and all fine it seemed and a 83.33% voted in favour. Rules come back from deeds via a law firm and only the meeting minutes resolution page is stamped. This owner is saying that they are not "registered"? the rules themselves must have each and every page stamped by deeds. Is this true? My understanding is these rules have just been updated/ ammeded, and are in effect, as we are an old registered complex. Can anyone add if we've done wrong, I think this guy is nit picking as we fined him and her wants his old bay back which was withdrawn due to complaints of favouritism towards him. All comments welcome. Thanks!!
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RE: Deeds office stamp!
Rules are only filed and not registered as such in the Deeds Office. See Section 35(5)(a)to(c)of the S/T Act, to be found in the Library section of STO.
RE: Deeds office stamp!
Hi
With the Nov '08 amendments the Form 'V', which has to accompany all rule additions/amendments when filed at the Deeds Office, was changed to include a space for the "Seal of Office". The BC should have a copy of this to prove that the rules were correctly filed but more importantly it also shows the date from which the rules are applicable/enforceable.
RE: Deeds office stamp!
Hi
For a Special Resolution the quorum requirements are the same as for any general meeting of the BC (PMR 57) and to pass the resolution 75% in both number AND PQ value have to be in favour. For a Unanimous Resolution the quorum requirement is 80% of all the members in both number and PQ value and for the resolution to be passed the vote has to be unanimous (any abstentions are counted as a vote in favour of the resolution).
The notice period for both SR and UR is 30 days; it could be less if the resolution is seen to of an urgent nature.
RE: RE: Deeds office stamp!
follow
RE: RE: RE: Deeds office stamp!
Apologies if I seem to be hijacking this thread, but feel my query is in line with the issue of the Rules and Deeds office.
Do the amended Rules have to be registered/filed with the Deeds office to be upheld?
Or is it a matter that if a special vote was passed on a specific issue, passed is not accepted without having to make the amendments known at the Deeds office.. i.e a resolution to make the repairs & maintenance to individual units the unit owners responsibility?
Deeds Office last updated copied of Rules of conduct is 2005, and a resolution to the above issue was passed in 2006? ...Show More
I would have expected something of this nature to have been submitted to the Deeds office?
Thanks
RE: RE: RE: RE: Deeds office stamp!
Any change to the Rules only becomes into operation after it has been filed in the relevant Deeds Office. See Section 35(5)(c) of the S/T Act to be found in the Library Section of STO.
RE: RE: RE: RE: RE: Deeds office stamp!
Thanks.
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