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[HappyNow]

There was a slapping incident at our complex 18months ago. An AVO was issued and a hearing took place whereupon the EC member guilty of the ‘slap’ signed an undertaking to the court to cease this kind of behaviour.  The matter was a private matter between two owners (one being an EC member). The court stated each party were to pay their own costs.  It came to light recently that the EC member (supported by the EC) claimed their legal fees through Owners Corporation Liability Insurance.  The Owners were not aware of this until one Owner found a letter from the insurance company in the strata managers communication folder on which the EC member had stated to the strata manager they were going to manage the reply to this letter. A misrepresentation was made to the Insurance company by the EC member and monies paid to her.  The Insurance company have since been sent the court transcript showing it to be a private matter.  Now a former EC member has requested an EGM be called and one of the matters is a motion to allow the members of the Corporate Body to vote to signify that they are fully aware of the matter, that the insurance has been finalised and the Owners have no further interest in the claim.  In other words they are going to villify*  the wrongdoing.  There are only 2 or 3 of 21 units prepared to vote against this.  Is this legal?  Can they support an obvious wrong doing by an EC member?  What can the 2 owners not supporting do to prevent it?

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