@bcr83 said:
I will put forward a request to my SM to take this matter to the Tribunal.
Have you had any personal experience with going down this road?
I am in the ACT. I have experience with the ACT tribunal but only as an EC member. We have had several instances of seeking orders to ‘give effect’ to failed general meeting motions that had the support of large majorities but needed an ‘unopposed resolution’. We also had several instances of OC members taking the EC to the tribunal because they wanted us to do or not do something. (Eg. The EC declined when an owner wanted us to remove a rather magnificent tree from common property that arborists had advised was in good health etc. The owner took us to the tribunal, the tribunal said the owner should put it to a general meeting, the EC agreed to call a meeting, the owners motion did not pass, the owner took us back to the tribunal seeking orders to give effect to the failed motion on the grounds that it would be more reasonable for it to have passed, the tribunal dismissed the owners application to force us to remove the tree after hearing arguments for a full day.) In those instances the trend seems to be that the ACT tribunal sends us away to try to decide the issue via the democratic process of a general meeting and only return to the tribunal if parties are unhappy with the outcome of that process.
In the ACT you can search past decisions of the tribunal from their website. I suggest looking for A/C decisions if you want to go by this route. I don’t know how much help you would get from the SM. They would be a source of some advice.