@alinka said:
Also they forced at the AGM through the poll voting the EGM minutes to be altered to “change of the balustrades is not a repair (as they were claiming before) but a maintenance as it doesn’t meet the requirement of the current BCA”.
Alinka
You can pass any motion you like at an AGM that black is white but it doesn’t change the fact that black is still black. Clearly upgrading the balustrades is an upgrade not a repair and a motion cannot change that and so it requires a 75% vote in favor at a GM.
Get a letter written stating clearly the upgrade needs a Special Resolution to proceed and get it signed by all those opposed (at least 25%). Also state in the letter that any spending to upgrade the balustrade without a Special Resolution the person that authorizes that spending will be considered liable for the full cost of said upgrade.
Give a copy of said signed letter to the Sec and the SM. You can also state in the letter that if necessary you and your colleagues will take action at NCAT to recovery this money if they proceed anyway.
As to the legal cost I think you are stuffed because it just requires a simple majority which they have.