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Old 8th November 2012, 22:32   #1 (permalink)
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Question Constitution (Condominium Law)

Hi can anybody help Is a constitution drawn up and signed by a majority of apartment owners legally enforceable also can an amendment be proposed
to the constitution. I have had conflicting opinions as to whether this is possible. VERY PUZZLED
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Old 8th November 2012, 23:00   #2 (permalink)
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Re: Constitution

Quote:
Originally Posted by donnie View Post
Hi can anybody help Is a constitution drawn up and signed by a majority of apartment owners legally enforceable also can an amendment be proposed
to the constitution. I have had conflicting opinions as to whether this is possible. VERY PUZZLED
donnie.
Clearly, hope you have a good constitution, this is in the health matters section.
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Old 9th November 2012, 07:16   #3 (permalink)
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Re: Constitution

Check with the Condominium Law to see if your site has been set up correctly and if so whether the proposed amendment has been raised in accordamce with the procedures in the CL
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Old 9th November 2012, 07:45   #4 (permalink)
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Re: Constitution (Condominium Law)

If your proposals are put forward at a properly notified AGM/EGM and agreed by 80% of the tapu holders who are physically in the room for the meeting - then you can amend your management plan.
If not then I am afraid the answer is no.
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Old 9th November 2012, 15:44   #5 (permalink)
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Re: Constitution (Condominium Law)

Quote:
If your proposals are put forward at a properly notified AGM/EGM and agreed by 80% of the tapu holders who are physically in the room for the meeting - then you can amend your management plan.
If not then I am afraid the answer is no.
This assumes that the management plan was set up correctly in the first place
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Old 10th November 2012, 08:16   #6 (permalink)
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Re: Constitution (Condominium Law)

How it was set up and registered with the council is not at discussion as I understand the first post - I read it as being concerned with change and answered as such.
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Old 10th November 2012, 09:01   #7 (permalink)
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Re: Constitution (Condominium Law)

Quote:
How it was set up and registered with the council is not at discussion as I understand the first post - I read it as being concerned with change and answered as such.
I appreciate that Steve but the first question was
Quote:
Is a constitution drawn up and signed by a majority of apartment owners legally enforceable
hence my suggestion to check that the constitution was set up correctly and now you have rightly mentioned whether it has been registered with the Council. Without this the constitution is open to challenge and may not be enforceable.
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Old 10th November 2012, 13:43   #8 (permalink)
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Smile Constitution

Thanks to all who answered me,very helpfull
Cheers donnie
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Old 10th November 2012, 22:43   #9 (permalink)
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Re: Constitution (Condominium Law)

Hi Chinook

My site would be a typical example of being able to challenge any Additional Clauses and Temporary Clauses inserted into a M/P.

As you would know every M/P is a Mirror Copy of Condo law tailored to suite the needs of each Site or Complex.

Facts are....Developer or Co-Ops register their M/P when applying for Building Permission, on the face of things, this is accepted and registered without challenge at time of application.

It has taken us almost 18 months to get a ruling that our M/P was unfair, we are at the final decision stage, the review board has recommended removal of additional clauses, it is now up to the judge to make a final ruling within the next few weeks.

So take it from me the Registered M/P is Legal and Lawful and only a Court Decision can amend the Plan. We asked the Builder to support our call for change and they maintain only a Judge can change the Plan. So not sure how the 2/3 majority works in this instance, it has cost us mega bucks and as usual only the Silks win.
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Old 10th November 2012, 22:47   #10 (permalink)
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Re: Constitution (Condominium Law)

I thought if at least four fifths signed agreement then the MP could be changed, is this wrong? is it correct that only a court ruling can change the MP?
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