Case Note: Brudenall & Anor v The Owners – Units Plan No 202 (Appeal) [2019] ACAT 96

The applicant appealed against the decision in Brudenall v The Owners Corporation of Units Plan No 202 (Unit Titles) [2018] ACAT 113, alleging 10 errors of fact and law. The Appeal Tribunal accepted that the Original Tribunal erred in fact by stating that the word...

Case Note: Brudenall v The Owners Corporation of Units Plan No 202 (Unit Titles) [2018] ACAT 113

This case followed Brudenall & Ors v Owners Corporation Units Plan No. 202 (Unit Titles) [2016] ACAT 101. By late 2016 the Owners Corporation was intent on undertaking roof repairs on all the class A and class B properties. At the general meeting of 15 November...

Case Note: Rampala v The Owners – Units Plan 1330 (Unit Titles) [2018] ACAT 35

The applicant was one of the two registered owners of unit 1 in a unit titled complex owned by the respondent corporation. The applicant sought a merits review under section 129(1)(f) of the UTMA of two resolutions (motions 2 and 7) passed at its 2017 AGM. Motion 7...

DIY By-laws – DIY but Do it Right!

Works that are not cosmetic works or minor renovations, commonly referred to as major works, are more serious works to the common property. You will need a by-law for these works to be authorised. This requires a special resolution to be passed at a general meeting of...

The Owners – Units Plan No 3908 v SDNM Pty Ltd (Unit Titles) [2019] ACAT 74

On 29 November 2018, a new motion was put forward by the owners corporation which replicated the motion in issue in the 2018 case. This new motion, again, failed to be passed by an unopposed resolution. As a consequence, the owners corporation commenced another...