unitxchange said Is an ordinary resolution sufficient as opposed to unanimous or special resolution to do this?
An ordinary resolution is sufficient. Even the committee alone usually has the power to change a manager unless it has been formally restricted from doing so and it does not override an earlier general meeting’s decision.
If so, can this be done without consultation with the full committee and without due process i.e. a special general meeting so all owners can vote and ask questions about fees and service?
The decision to call a special general meeting need not go to the full committee. The Chairperson or the Secretary alone can convene and set the agenda for a special general meeting. That meeting can optionally be conducted by ballot, even on-line. But it must be formally arranged and conducted with correct notices and processes.
Can an owners corporation use an AGM to legitimise their takeover in the absence of formal paperwork?
I think that if it’s on the agenda, once the AGM votes to accept the new manager, that vote would be valid. The time to challenge any earlier change of manager process would be before the AGM.
What forms do we, as owners, need to see for an owners corporation takeover to be considered legitimate?
You’d need to see the minutes of a correctly conducted general or committee meeting.
If no formal paperwork is needed apart from a petition, it seems an unethical way to take over an owners corporation.
A vote by ballot can look like a petition. But to be a valid ballot it must be formally conducted according to the OC Act. Some further information is here:
If the “outgoing” manager is still under a valid contract and has not broken any of their requirements under the OC Act, it’s unlikely they can be removed.