Special Resolution to change by laws

I think we have been down this road before. 

Your reluctance to consult or hire a strata lawyer is ham-stringing your ability to resolve many of the issues in your seriously dysfunctional scheme.

In your shoes, I would be asking an experienced strata lawyer if the following action was viable.

To go to NCAT and challenge any unfair by-laws under section 150 of the Act on the grounds that they were oppressive, unconscionable or discriminatory.

I would also ask NCAT to rule, under Section 232, that the model Schedule 3 by-laws be adopted in their entirety (having decided which of the pet and smoking by-laws you prefer).

I would also ask that all costs for this action be charged back to the developer because he has created this untenable situation.

OR

You could seek the compulsory appointment of a strata manager of your choice for a period of six months with the specific remit to sort out the finanicial status of the scheme and to introduce and register the model by-laws.

Your developer is a bully who treats you, your neighbours and strata law with contempt – this would soon become apparent at an NCAT tribunal. 

But it won’t if you don’t take the first step and don’t cave in whenever the developer offers a compromise which only continues this ridiculous travesty.

Apply for mediation as a first step (unless you go for a compulsory appointment) and hold your ground.

And talk to a lawyer!

Alternatively, ring up your local paper, explain how this bully is ruining your lives (in very simple terms or they won’t understand) and see if he can  be shamed into behaving himself.

Why not just put a motion to a general meeting to adopt whatever set of bylaws you want? Then, if it passes, that great. If it fails but was supported by every owner except the developer, you then seek an order from the Tribunal to give effect to the failed motion on the grounds that objection to the motion is unreasonable.

I assume NSW has a provision for doing that. I am familiar with the ACT law, which does. In the ACT the Tribunal does a merits review of the failed motion. That is, it looks at the proposal and determines whether it would have been reasonable and preferable for it to have passed. The Tribunal does not determine whether the person objecting was being unreasonable. It is only concerned with determining what the best outcome would have been. 

If your proposed by-laws are identical with the model bylaws or closely modelled on them, you can argue that is clear evidence of their reasonableness. If the argument is uncomplicated and you have demonstrated by the vote that every owner except one is in favour, you should be able to get a good result out of the Tribunal at little cost without needing a lawyer. 

I suggest that putting the motion to a properly notified general meeting is the first step. Make sure you have every owner take part, in person or by proxy. I think the Tribunal will want you to demonstrate via proper general meeting minutes that the motion has unanimous support (except for the developer) and that you attempted to amend the bylaws via the correct process before seeking a Tribunal order. 

It will, or at least should, count in your favour that the matter has been put to not one but 4 meetings and every time was supported by all but one owner, some minor procedural irregularities notwithstanding. 

As suggested above, if you want to get rid of the old bylaws, not just add new ones, you could have a single motion to both rescind the existing set and adopt your preferred replacement set.