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Our body corporate has a number of resolutions on the books incvluding spercial resolutions that have never been enacted.They have the effect of preventing much needed repairs. When asked when is something going to be repaired the answer is when the work under the special resolution is carried out.
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The OC has two years to register the by-law with the Department of Lands (or whatever it’s calling itself this week).
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It's not clear from the original post what the special resolutions are, they may or may not be by-laws. From what you say it sounds like the special resolution relates to specific work being carried out? In any event, if there are other works that need to be done urgently then the OC can't delay those works just because the works the subject of the special resolution haven't been done. The OC may need to raise additional money, or use money it currently has, but generally it can't delay work if it is required. This is particularly the case if damage is occurring or possible liability issues.
Does the budget have an allowance for general maintenance? Within reason the EC should be able to prioritise spending within that and go a bit over if something is clearly needed. If a special resolution to do something has been ignored by the EC you have to ask why!
Ok then. A decision to do specific work doesn't absolve the OC from its responsibility under section 62 to carry out any other works that may be necessary, so whomever is telling you that this has to be done first is not correct (based on the information given).
A special resolution doesn't give something special priority, it just means that the resolution needs a particular level of vote. Of course, there may be all sorts of permutations – for example the specific work may be necessary before other work can be carried out although it doesn't sound like that is the case here. Also – it may have been decided as part of the special resolution to raise a special levy that relates to the works, but that is unlikely as a special levy doesn't require a special resolution. The special resolution was likely to relate to the exclusive use.
As noted above the OC still has responsibility to carry out any other necessary works and should have money in its sinking fund to do those. If not, it will have to raise more money. I would go back to whoever has told you this and remind them of the OC's obligations under section 62 and ask them why they are not being met. There are cases on this including a woman who went to the CTTT to get an antenna fixed because the OC told her other works had priority. She got the antenna fixed.
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