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[Faraway girl]

 our NSW Strata Scheme has 14 lots . The developer still owns 5 lots including his own which he uses for holidays. The total lot entitlement he has equals 39% . The other 9 lot owners have total lot entitlements of the remaining 61%. 

Because a special resolution is required to change ( update) our Bylaws, we cannot achieve this as the developer does not believe it is necessary as he has written that “…reliance on Local, State and Federal Laws should be relied on and anything creating civil rights, duties and liberties beyond this should be deleted” ( from the Bylaws).

we are stuck with 8 By Laws that he registered at commencement and now we have new owners/ tenants moving in, hanging tiles on the walls of common property, putting their equipment in walkways and we have no bylaws to prevent this.

I can understand why 75% of lot entitlements are required for issues such as selling or leasing common property, changes to title boundaries etc , however it does not seem appropriate that this developer can prevent us introducing bylaws that are based on the model By Laws just because he holds over 25% of the lot entitlements. He does not live in the building and all other owners do, yet he controls the way in which we are able to manage the building. Every other owner has contributed to the development of the bylaws but each AGM or General Meeting where they have been submitted for adoption has been defeated by this developer in a special resolution. 

any ideas of what we should do? 

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