Original Colours

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The situation you describe sounds like a dog chasing its tail. It is disrespectful to those who voted at the SGM, and it not an efficient use of precious AGM time to keep going over it.

Tampering with minutes is a serious offence. The minutes should be amended to accurately report that the matter was previously decided at the SGM and is now concluded.

As far as the notion of council overturning a decision made by the owners, I don't think they could properly do that even if they wanted to.

It's standard practice in normal parliamentary procedure that once a vote is taken the matter is conclusively decided. Bringing it up again is out of order, by default. It is exactly the same principle that applies to a party who fails to prevail in litigation. They cannot keep making new claims for the same thing.

Section 51 of the SPA provides that if a resolution is passed at a SGM by persons holding less than 50% of the strata's votes, then within one week following the vote, persons holding at least 25% of the strata's votes can make a written demand for reconsideration. The only time that can be done is if the resolution required a 3/4 vote.

Even if it was a special resolution voted on by less than half the members of the strata, if they went out and gathered 25% of the strata corporation's votes now, it is too late to reconsider under s.51 of the SPA. 

The new council can tell the minority to stop flogging a dead horse and that wasting everyone else's time is not appreciated. The matter has been decided by the owners, and it is now concluded. Period.

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