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Thank you for your reply.
The answers to your questions:
1. The applicants are two individuals, who are now the members of the EC.
2. The action was taken against the OC, but the four opponents are named on the application as well.
3. Yes, the two members of the newly elected EC are the applicants. When they did apply to the NCAT, they were not members of the EC.
This is a short recapitulation of the situation:
We are 8 owners in the building. 2 owners (applicants) wanted to have their balconies upgraded to the new BCA standard and it should be paid by the OC. These two applicants called EGM (25% of unit entitlements) to be voted on the balconies. The previous EC was not consulted on it. The EGM was called with the support of the strata manager, who is on the side of the applicants. The strata manager wanted to resolve the motion by standard resolution, because apparently it is repair and not upgrade. Two reports were done by the OC (structural engineer and from Council) both confirmed the balconies are in no need of repair. After several emails and arguments the strata manager finally admitted special resolution is needed. The motion was dismissed by the strata manager at the EGM.
These two OC members took the OC tho the NCAT. They are asking for the resolution to be changed to a standard resolution and a new general meeting to be conducted.
In the meantime at the AGM the applicants and one of their supporters (the applicants have two supporters) voted themselves by poll voting to be the EC and did not allow the other OC members to be on the Committee, because by unit entitlements they have the majority. (54%).
For your further advise I would be thanksfull.
Can the 4 opponents take the EC to the NCAT, because they didnt follow the protocol regarding the mediation and didn’t call the required ECM?
alinka