This from our friends at Bannermans Lawyers:
The legislation allows for the variation of liability for common property expenses under section 78 of the Strata Schemes Development Act 2015.
It does not however provide for any variation in voting rights. Therefore voting is calculated in the usual manner, including the developers lot and unit entitlement. The usual restrictions on voting by the developer apply.
Your biggest problem may be that your developer has someone working for them who knows every sneaky twist and turn in the legislation. However, that conveniently massaged Unit Entitlements figure could come back to bite them on the bum when they come to sell the unit – provided any prospective purchaser knows about it.
As for costs at NCAT, if they lose the owners corp must raise a special levy for costs of actions taken or defending their position, which excludes the person they have defended or taken the action against. Make sure your other owners have signed up for the case so they can be excluded too. Also, if they have chosen to defend a case when they know they have no chance of winning, or have obstructed the case in any way, they can have costs awarded against them.
Make sure they are aware of this before they get to NCAT – perhaps during the mediation process.