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 2016, the Owners Corporation passed a resolution to replace…
This case followed the decision in the previous Brudenall case, The Owners – Units Plan No 202 v Brudenall & Ors (Unit Titles) [2015] ACAT 64. It arose as a cross-application for a merits review was filed in the above proceedings but ultimately was heard as separate proceedings.
A merits review involves a tribunal standing in…
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 for the maintenance of the exterior of their units (such as…