The previous post was all making perfect sense until this:
The strata committee can also reverse the motion (at a properly constituted SC meeting), again if a motion is received from the aggrieved owner.
Given that the Act specifically says that decisions by the OC at a general meeting supersede those made by the committee, I’m not sure that’s true (I’m also not sure it isn’t!).
However, there asre a couple of things that should be taken into consideration here.
Firstly, under Section 25 of the Act, you only have 28 days after a meeting to claim that the decision was invalid becasue you were denied a vote. Even then, if the missing person wasn’t given the agenda, their vote would still have to have made a difference for that challenge to stand.
Also, if the complainer and the waverer now want to revisit this at committee, you can halt that discussion even happening under Schedule 2, Section 9.3 (below) which means that one-third of all owners (by unit entitlement) can petition a committee, before the meeting, not to even discuss a motion on the agenda.
The actual motion under discussion seems to be strange – what’s the difference between “the strata” paying for painting work and the owners sharing the cost? (I think I know the answer but I’m curious).
Finally, you may have solid grounds for getting rid of your strata manager. You might want to consider that option.
SCHEDULE 2, Section 9: Decisions at meetings
(3) Decisions to have no effect if opposed by more than specified owners
A decision of a strata committee has no force or effect if, before the decision is made, notice is given to the secretary of the owners corporation by one or more owners, the sum of whose unit entitlements exceeds one-third of the aggregate unit entitlement, that the making of the decision is opposed by those owners.