Special resolutions only happen if 5% secured in advance.
I’m not sure what that sentence means. Please clarify.
Otherwise, I would write to the chair and demand that they withdraw the motion and inform all other owners that they have done so immediately as it is:
- Legally incompetent – nuisance under section 153 does not cover legitimate complaints about breaches of by-laws and Environmental Protection laws.
- Defamatory and bullying
I would add that failure to withdraw the motion and announce that to all other owners that they have done so may lead to action by you under section 237 to have a strata manager appointed due to the concentration of votes in a few hands leading to the mismanagement of the scheme or, under section 238, to have specific members of the committee removed from office for the same reason.
You might throw in that you may also pursue action under section 232 to compel the owners corp to take action against lot owners and tenants who are breaching EPA and therefore standard by-laws which demand that occupants don’t break the law.
And they should inform the other owners that if they take action against you at NCAT and lose, they have to raise a special levy paid by all owners EXCEPT you, to pay the legal costs.
The problem here isn’t that you make complaints, since they are always upheld, it’s that the committee (for whatever reason) allows the breaches to continue.