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We did some building repairs a few months ago. Part of the cost was supposed to be paid by owners of two of our units (they used our builder to do improvements at the same time) however due to an administrative error the OC paid costs which should have been paid by the owners – $3000 by one and $3500 by the other. We tried to get it back from them but they engaged a solicitor who threatened us.
Most other owners would be interested to reclaim that money. If we held an EGM and struck a one-off levy of $50000 and then refunded it to everyone except those two, we’d be square.
Would they be able to block that, e.g. by claiming fraud on the minority under company law?
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