Just a couple of quick points on PeterC’s reply, the four owners out of six may have the requisite votes to change common property via a by-law if they have the Unit Entitlements (e.g. if their properties are larger).
However, I’m not sure the developer even needs anything more than a simple majority at a General Meeting to undertake works that can be classified as repair and maintenance.
This particular rort, is a pattern that’s being repeated all over Sydney (and probably Australia) where developers buy up the majority of units in a small block, embark on big ticket spending and then, lo and behold, are able to buy out the minority owners who can’t afford the special levy, often at a bargain price because no one wants to buy an apartment that has a special levy about to be imposed.
Even if they aren’t looking to own the whole building so they can, for instance, redevelop, it’s a good way of getting their hands on the accumulated fund of the owners corp from which they will benefit most.
My tactic right now would be to apply to the CTTT for the statutory appointment of a strata manager to take over the running of the building from the Owners Corp, on the grounds that it’s being managed to the serious detriment of a substantial minority.
PeterC’s reference to a fraud against the minority may be correct, but only if the individual owners weren’t getting anything in return – in this case, they are benefitting from improvements to common property.
I think the son’s options are threefold – fight this in the CTTT (outcome unpredictable), go to the developers and offer to sell or get a short term loan and wait out the improvements, selling his apartment for a profit (some ambush marketting by latching on to the developers’ open days would be an appropriate revenge).
Even if he can’t get a loan, the penalty interest on unpaid levies is only 10 percent, he could make that back and more on the improved value of the apartment.
But first, I’d be talking to the CTTT and at least asking for a mediation or, even better, an emergency ruling to stop all work until the case for a statory strata manager can be heard. Meantime I’d be having a long chat with a specialist strata lawyer. There’s an ad on the Home Page – no harm in clicking.