#24327
Sir Humphrey
Strataguru

    If it were in the ACT, 5 in favour, 4 opposed would be a pass. It would not matter that another 6 chose to not take part in the meeting, either in person or by appointing a proxy. The motion would only fail if it could be shown that the meeting was in some way irregular. For example, if insufficient notice was given for the meeting or not all owners were notified. 

    In other states/territories it might be that a special resolution is required for a financial resolution. In that case, 5:4 would not be sufficient. 

    If 75% is required where you are, then 5 of 9 units might amount to 75% if the vote was conducted as a ‘poll vote’. If the vote were conducted as a poll then the votes are weighted according to unit entitlements. The 5 in favour might have had the larger units with more unit entitlements adding up to more than 75% while the 4 opposed might have had smaller units with fewer unit entitlements adding up to less than 25%. 

    Another option would be to appeal to the state Tribunal, ACAT in the ACT, VCAT in Victoria, etc. They could rule that the motion is of no effect if it could be shown that the meeting was irregular. In the ACT the ACAT can also give an order to deem a motion that passed to have failed if the Tribunal can be convinced that it was not reasonable that the motion passed. [Conversely it can give effect to a failed motion if opposition to the motion is unreasonable.] Perhaps you can show that the motion should not have passed on the grounds that the expenses are unnecessary or unreasonable? However, be aware that the owners corporation has an absolute obligation to maintain the common property so it can not readily just decide to not do the maintenance. [In the ACT, perhaps elsewhere, there is a mechanism but it requires a special resolution to decide to not maintain some aspect of the common property and the OC can only make that decision if it would not adversely effect safety or the appearance of the common property – EG. the OC could decide to no longer maintain an obsolete bit of equipment hidden away in a plant room or cupboard if it were safely disconnected from whatever it did.]