We three are the ones who have tried to get the rest of the owners to approve these repairs at the last 3 AGMs to no avail. So we are trying to get the job done and aren’t being negligent.
It’s not a question of proving that you are negligent. You can go to NCAT and ask them to issue orders overturning decisions not to maintain and repair common property.
You would only need super-majorities if you were changing or improving common property, so the 51 percent rule applies. And don’t forget, as someone has already pointed out, you may already have a mjority, depending on how your unit entitlements fall.
I also heard a whisper the other day that strata committees can act in defiance of the owners corp if they are doing so to fulfil their statutory duties. Maybe talk to a friendly strata lawyer about that.
Or have the “easy way … hard way” chat with your owners. They can agree to do this the easy way – just get it done and pay the bills – or the hard way, fight it at the Tribunal, pay for lawyers and still have to pay to get it done.