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 202 v Brudenall & Ors (Unit Titles) [2015] ACAT 64

Units Plan No 202 contained both class A units and class B units. This case centred around a long-standing and important legislated distinction in the maintenance obligations of the owners of these units. Namely, that the owners of class A units are not responsible...

The Owners – Units Plan No 107 v Perkins (Unit Titles) [2016] ACAT 139

The owners corporation sought orders requiring Mr Perkins, the owner of unit 35, to refurbish his bathroom to prevent water egress into unit 34 (the unit below unit 35). ACAT Senior Member Robinson distinguished the facts of this case from The Owners – Units Plan No...

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...

SDNM Pty Limited v The Owners – Units Plan 3908 (Unit Titles) [2018] ACAT 102

The respondent is the owners corporation for mixed-use premises of 10 commercial units and 69 residential units. The applicant is the owner of one of the commercial units. At the 2018 general meeting held on 13 June 2018, a resolution was passed by 13 votes in favour...