Strata Titles Act 1985

In performing its functions, a strata company is to have the objective of implementing processes and achieving outcomes that are not, having regard to the use and enjoyment of lots and common property in the strata titles scheme —

unfairly prejudicial to or discriminatory against a person; or

oppressive or unreasonable.

In achieving that objective, a strata company —

must take into account any failure of a person to act consistently with this Act or the scheme by‑laws; and

must consider the merits of any proposal put to it and the options that are reasonably available in any particular circumstances; and

must be aware that —

a resolution or other conduct may be overturned for failure to meet that objective despite the fact that it reflects the will of the majority of members of the strata company as expressed through the exercise of their voting powers; and

the fact that a person has chosen to become the owner of a lot does not prevent the person challenging the performance of a function for failure to meet that objective.

Without limitation, a strata company acts oppressively or unreasonably in passing or not passing a resolution if —

the resolution would not have been passed, or not have been passed as a particular type of resolution, but for the fact that a person was improperly denied a vote on the resolution; or

the resolution would have been passed, or would have been passed as a particular type of resolution, if a person had properly been given an opportunity to vote on the resolution.