No, I think you should read the 3.5e SRD and 3.5e PHB page 207 carefully yourself. It does not say "If the spell is one that, as a special property, cannot be dispelled by dispel magic, break enchantment works only if that spell is 5th level or lower."
...It may for 3.0e PHB...I do not know.
But in both the 3.5e SRD and the PHB v3.5, it says "If the spell is one that cannot be dispelled by dispel magic, break enchantment works only if that spell is 5th level or lower." and in this case the wording is a perfect mirror of each other (in SRD and PHB). No mention of this "as a special property" clause you keep touting in your defense.
...It may for 3.0e PHB...I do not know.
But in both the 3.5e SRD and the PHB v3.5, it says "If the spell is one that cannot be dispelled by dispel magic, break enchantment works only if that spell is 5th level or lower." and in this case the wording is a perfect mirror of each other (in SRD and PHB). No mention of this "as a special property" clause you keep touting in your defense.
