Can the original EGM be changed to this extent, i.e., to sway the voter in a different direction?
My reading of the Act is that when you submit a motion for consideration, the secretary “must give effect” to that motion. They clearly didn’t do this so they are in breach of the Act.
I would get your 30 percent of owners to petition the committee to hold another EGM (you only need 25 per cent) at which your actual motions and not their manipulated motions are presented.
I would also include a motion of censure of the the secretary and chair for deliberately distorting the discussion by not following the terms of the Act (see below).
The Act says this (my emphasis):
Inclusion of matters on agenda
(1) Any owner, or any person entitled to vote at a general meeting of an owners corporation, may require a motion to be included in the agenda of the next general meeting of the owners corporation.
(2) The requirement is to be made by written notice given to the secretary of the owners corporation that:
(a) sets out the required motion, and
(b) states the name of the person making the requirement, and
(c) includes an explanation of the motion of not more than 300 words in length.
(3) The secretary must give effect to the requirement.
(4) However, if the requirement is made after notice has been given of the meeting, the secretary must include the motion in the agenda for the next subsequent meeting.
(5) An owner or a person may make a requirement even if the owner or person cannot vote because the owner is an unfinancial owner.