EGM resolution

Hello

Could somebody please advise on following issue:

At the EGM 2014 motion regarding upgrade of some balcony balustrades to comply with today’s BCA standard was dismissed by the strata manager/chairman of the meeting, due to not being stated as “special resolution” and also it couldn’t be proven that the balconies are in need of a repair (report from structural engineer – no action required).

EGM March 2015 – similar motion, this time “not upgrade” but “maintenance” of the balustrades. Not stated again on the agenda special resolution required.
Meeting chaired by the EC chairman (one of the two owners asking for the new balustrade) and not by the strata manager.

Before the meeting, the opponents handed over a letter to the chairman requesting the motion to be dismissed, on the same grounds as at the previous EGM, otherwise they will take it to the NCAT.
The chairman refused to read the letter to the OC (or include it in the minutes), with the explanation, that the motion being maintenance requires only standard resolution. Also he stated this was confirmed to him in a written advise from a top strata lawyer. He refused to show this apparent legal advise to the OC.
The resolution was past on the 51% majority.

The owners opposing the alteration are now engaging a lawyer (at their own cost) to lodge an application at the NCAT together with an interim order. Letter from the lawyer referring to it was sent to the strata manager/EC.
Now the two owners wanting their balustrades to be upgraded, at the same time being members of the EC together with the third EC member, who is supporting them, would also like to engage a solicitor to “represent” the OC at the NCAT. They are asking the costs to be borne by the OC.
The pro work group has entitlements majority.

Can the EC consisting of three members, who are at the same time the pro work group, engage on behalf of the OC a solicitor to represent the OC at the NCAT and can they use the OC funds to pay for it?
After all, the chairman disregarded the decision of the previous EGM that special resolution is required. With no supporting evidence by changing the wording of the motion, he decided to vote on standard resolution.
Please let me know, if the EC under these circumstances can ask the OC to pay for the legal representation at the NCAT, when the chairman disregarded the previous EGM resolution.

Alinka