Decisions table

UNIT TITLES – application seeking to give effect to a motion defeated at Annual General Meeting – where unsuccessful motion sought to amend rules of the units plan – merits review of the unsuccessful motion – where opposition focused on a proposed amendment to a single rule – maintenance of Class A and Class B units – whether opposition to the motion was unreasonable – whether motion, if it is to be given effect, should be given effect as put or amended – whether additional orders should be made Legislation cited: Land Titles (Unit Titles) Act 1970, ss 7, 27, 27A Legislation Act 2001, s 146 Unit Titles Act 2001, ss 10, 11, 17, 18 Unit Titles (Management) Act 2011, ss 7, 8, 9, 10, 16, 24, 73, 80, 81, 83, 88, 89, 91, 106, 107, 108, 129, Schedule 3, cls 3.16, 3.20 Subordinate legislation cited: Unit Titles (Management) Regulation 2011, s 7A, Schedule 1

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

UNIT TITLES – application for an order to give effect to an unsuccessful motion for a resolution at AGM – multi-unit development consisting of townhouse and apartment units built in two stages – where stage two builder had gone into administration leaving multiple, significant defects affecting apartment units and common property – proposal to adopt a split budget under which the proportional share of total general fund contribution for certain costs would be reallocated to apartment units only – opposition to motion not unreasonable – application dismissed Legislation cited: Unit Titles (Management) Act 2011, s 24, 35, 36, 73, 75, 77, 78, 108, 129, Schedule 2 ss 2.5, 2.7-2.10, Schedule 3 ss 3.28-3.29 Unit Titles Act 2001

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

ADMINISTRATIVE REVIEW – Controlled activity order under S424 Planning Act 2023 – failing comply with Crown lease – undertaking development without approval – units plan – direction to Owners Corporation to provide unrestricted public access to basement car parks of mixed use building complex Development approval under S197 of Planning and Development Act 2007 amending development approval under S162 – approved drawing showing parking spaces designated as "Public" – no provision for mandatory visitor parking for residential use as required by Codes Construction of development approvals and consents – public character restricting consideration of other documents – proper approach to construction of approved drawing – whether parking spaces designated as “Public” accessible by members of the public other than visitors – non-compliance with Codes precludes approval under S119 (1) Planning and Development Act – parking spaces for visitors only – controlled activity order set aside List of Legislation: ACT Civil and Administrative Tribunal Act 2008 Planning and Development Act 2007 Planning Act 2023 Unit Titles Act 2001 Unit Titles (Management) Act 2011 List of Cases: \_Allandale Blue Metal v Roads and Maritime Service\_s [[2013] NSWCA 103](/cgi-bin/viewdoc/au/cases/nsw/NSWCA/2013/103.html "View Case") Bowler v Hilda P/L (in liq) [[2001] FCA 342](/cgi-bin/viewdoc/au/cases/cth/FCA/2001/342.html "View Case") Haridemos and ACTPLA [[2012] ACAT 74](/cgi-bin/viewdoc/au/cases/act/ACAT/2012/74.html "View Case") Hecar Investments No 6 P/L v Lake Macquarie MC (1984) 53 LGRA 322 Hunter Industrial Rental Equipment P/L v Dungog SC [[2019] NSWCA 147](/cgi-bin/LawCite cit=%5b2019%5d%20NSWCA%20147 "View LawCiteRecord") Modog v North Sydney City Council NSWLEC 1160 Pselletes v Randwick CC [[2009] NSWCA 262](/cgi-bin/viewdoc/au/cases/nsw/NSWCA/2009/262.html "View Case") Springrange P/L v ACTPA [[2010] ACTCA 17](/cgi-bin/viewdoc/au/cases/act/ACTCA/2010/17.html "View Case") Warehouse Group (Australia) Pty Ltd v Woolworths Ltd [[2003] NSWCA 270](/cgi-bin/viewdoc/au/cases/nsw/NSWCA/2003/270.html "View Case") Westfield Management Ltd v Perpetual Trustee Co Ltd [[2006] NSWCA 425](/cgi-bin/LawCite cit=%5b2006%5d%20NSWCA%20425 "View LawCiteRecord") List of Text /Papers: Herzfeld and Prince, Interpretation (Lawbook, 3rd ed, 2024)

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

UNIT TILTES – merits review of a failed motion at a general meeting of the owners corporation – where motion sought retrospective approval for alterations made to the deck and balcony railing of a townhouse without prior approval of the owners corporation in breach of default rule 1.4 – where breach of the rule was inadvertent, rather than deliberate – where alterations enhanced the appearance, liveability and value of the unit without detracting in any material respect from the visual appeal of the complex or having any adverse effect on the value of other properties in the complex – where the Tribunal was satisfied that the correct or preferable decision was to give effect to the motion and that opposition to the motion was unreasonable – order made giving effect to the motion Legislation cited: Legislation Act 2001, s 132(1) Unit Titles Legislation Amendment Act 2020 (repealed), s 146 Unit Titles (Management) Act 2011, ss 106, 108(1) 129(1)(g), sched. 3 (s 3.16) Subordinate Legislation cited: Unit Titles (Management) Regulation 2011, sched. 1

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

UNIT TITLES – application by owners corporation for recovery of unpaid levies and associated enforcement expenses pursuant to section 31 of the Unit Titles Management Act 2011 – costs involved in a bankruptcy notice – where the amount sought increased during the course of the litigation Legislation cited: ACT Civil and Administrative Tribunal Act 2008 ss 6, 7, 26, 48 Unit Titles (Management) Act 2011 ss 31, 95 Bankruptcy Act 1966 (Cth) ss 40 (1)(g), 41

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

UNIT TITLES – where owners corporation claimed $1,803.04 for the cost of investigating, locating and rectifying a leaking hot water control valve assembly in the respondent’s unit and legal and debt recovery expenses totaling $21,524, as expenses incurred in carrying out the owners corporation’s functions that were necessary because of a willful or negligent act or omission, or breach of the owners corporation’s rules by the respondent under s 31 of the Unit Titles (Management) Act 2011 (UTMA) – whether the hot water control valve assembly is common property – whether the hot water control valve assembly is a facility for the provision of a utility service for the potential benefit of all units and therefore the owners corporation responsibility to maintain under s 24(1)(e) of the UTMA – where hot water control valve assembly found to be unit property and therefore the respondent’s responsibility to maintain in a state of good repair in accordance with rule 1.3(1) of the default rules – whether legal and debt recovery expenses (including the costs of legal advice before taking legal action, the cost of representation by counsel at the hearing and strata manager’s fees charged in connection with the legal action) were reasonably incurred and reasonable in amount – where, save for the disallowance of some of the strata manager’s fees, the owners corporation was entitled to recover all of its legal and debt recovery expenses, including interest pursuant to s 94(1) of the UTMA List of Legislation: ACT Civil and Administrative Tribunal Act 2008 ss 8, 16, 48 Building Act 2004 ss 29, 42 Legal Profession Act 2006 s 300(2) Legislation Act 2001 s 132 Unit Titles Act 2001 ss 13, 34, 35 Unit Titles (Management) Act 2011 ss 31, 115, 125 Subordinate

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

UNIT TITLES – meetings – Unit Titles (Management) Act 2011 – omission of special purpose fund budget from notice of annual general meeting – the common law of meetings – argument that an entire meeting is void due to the omission of one resolution from the meeting notice and from the meeting agenda – the effect of the Unit Titles (Management) (Meeting Agenda) Guidelines made under the Unit Titles (Management) Act 2011 – whether entire annual general meeting is void for irregularity under section 129(1)(e)(i) – meaning of ‘irregularity’ – considerations in decision-making under section 129(1)(e)(i) - meeting not void Legislation cited: Legislation Act 2001 ss 146, 156 Unit Titles (Management) Act 2011 ss 41, 72, 75, 129(1)(e)(i), Schedule 3, ss 3.6, 3.7, 3.8, Dictionary Subordinate Legislation cited: Unit Titles (Management) (Meeting Agenda) Guidelines 2020 Unit Titles (Management) (Meeting Agenda) Guidelines 2023

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

APPEALS (UNIT TITLES) – responsibility of owners corporation to maintain common property – meaning of ‘common property’ – whether a unit’s doors and windows opening onto a unit subsidiary of the unit (in this case, a balcony) are common property – no error in finding the doors and windows are not common property – appeal dismissed Legislation cited: Legislation Act 2001 s 140 Unit Titles Act 2001 ss 7, 9, 10, 12, 13, 14, 15, Dictionary Unit Titles (Management) Act 2011 ss 10, 19, 20, 24, 125, 129, Dictionary

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

UNIT TITLES – where owners corporation required entry to a unit on level 4 to rectify balcony waterproofing defects resulting in water leakage and damage to the interior of a unit on level 3 – where the balcony is not common property – where the balcony is a ‘defined part’ of the building that the owners corporation is responsible to maintain – where the unit owner refused entry to the unit – whether order should be made to allow access to the balcony via externally erected scaffolding – where the respondent failed to appoint an authorised representative and appear at three directions hearing and the final hearing – where former director joined as a party on the initiative of the Tribunal on the premise he is an occupier – where premise found to be incorrect – whether party joined should be removed as a party – whether application should be decided in the absence of the respondent – party-joined removed – relief granted ex parte Legislation cited: ACT Civil and Administrative Tribunal Act 2008, ss 7, 7A, 47A Unit Titles Act 2001, s 9 Unit Titles (Management) Act 2011, ss 24, 28, 31, 125, 129 Subordinate Legislation cited: ACT Civil and Administrative Tribunal Procedures Rules, rr 41, 61

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

CIVIL DISPUTE – statutory duty of owners corporation to maintain common property – duty to maintain common property includes taking steps to prevent common property from falling into disrepair, repairing common property when it is in disrepair, and carrying out repairs of any damage to other property occurring as a result of disrepair in the common property – statutory obligation to carry out repairs within a reasonable time – whether damage to the common property would cause real disruption to the tenant – whether unit owner is entitled to civil remedy where income is affected by damage to unit caused by disrepair of common property – whether a breach of a statutory duty gives rise to a civil remedy – evidence insufficient to found a claim of negligence – statutory remedy awarded pursuant to section 129(1)(d) of the Unit Titles (Management) Act 2011 Legislation cited: Unit Titles (Management) Act 2011 ss 19, 24, 125, 126, 127, 128, 129, Strata Schemes Management Act 1996 (NSW) s 226 Strata Schemes (Freehold Development) Act 1973 (NSW) s 105

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

UNIT TITLES – granting of special privilege to the exclusive use of common property – seeking order that the Corporation unreasonably refused to make special privilege rules – operation of special privilege granted terminated by legislation – Corporation decision not to renew special privilege – whether Corporation acted unreasonably in opposing motions to grant special privilege – the operation of section 129(1) and section 129(2) of the ACT Civil and Administrative Tribunal Act 2008 – finding that it was not unreasonable for the Corporation to oppose motions – whether section 129(1)(d) provides wide-ranging powers to the ACAT to order payment of money but only up to the particular limit of $1,000 – application is dismissed Legislation cited: ACT Civil and Administrative Tribunal Act 2008 s 18 Unit Titles (Management) Act 2011 ss 20, 30, 31, 112A, 112B, 125, 126, 127, 128, 129 Unit Titles (Management) Act 2011 Republication 13 s 167 Unit Titles (Management) Act 2011 Republication 8 s 22 Units Titles Legislation Amendment Act 2020 s 112 Subordinate Legislation cited: Territory Plan 2008 – 11.1 Parking and Vehicular Access General Code, ss 3.1.5, 3.2.5, Sch 1 – Residential ones Territory Plan 2008 Republication 168 – 3.4 Multi Unit Housing Development Code

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

UNIT TITLES – use of common property – new electricity and water pipes – whether pipes were approved – whether approval could validly have been granted – effect of owners being told the work could proceed – whether minor – whether pipes will unreasonably interfere with the reasonable use and enjoyment of common property by members – remedies Legislation cited: Legislation Act 2001 ss 126, 132 Unit Titles (Management) Act 2011 ss 20, 23, 112A, 125, 129, sch 2 s 2, sch 3 s 3, Dictionary Unit Titles Act 2001 Dictionary List of Texts/Papers cited: Macquarie Dictionary Online (2023)

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

APPEAL – Unit Titles – Civil Dispute – leave for further evidence – consideration for tribunal at appeal stage – alleged bias by the Original Tribunal – whether relief could be granted against the owners corporation in relation to issues regarding strata manager where action against strata manager settled and discontinued – whether the appellants were forced to pay unreasonable, unnecessary, or improperly approved plumbing, fencing and tree removal costs – whether the owners corporation properly undertook work on behalf of particular unit owners – whether the owners corporation through its executive committee bullied and harassed appellants in relation to their installation of security cameras – whether conduct alleged gave rise to cause of action under Civil Law (Wrongs) Act 2002 or Unit Titles Management Act 2011 – application of the Common Boundaries Act 1981 to fence separating common property from individual unit – whether Original Tribunal erred is refusing request to provide general interpretation of law – power of tribunal to extend the Statute of Limitations – no error of fact, law or discretion established. Legislation cited: ACT Civil and Administrative Tribunal Act 2008, ss 23, 79 Unit Titles Management Act 2011 ss 24, 25, 29, 30, 117, 119 Unit Titles Act 2001 Common Boundaries Act 1981 Limitation Act 1985 s 11 Civil Law (Wrongs) Act 2002 Subordinate Legislation cited: ACT Civil and Administrative Tribunal Procedure Rules 2020 r 91

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

APPEAL – unit titles – unit owners installed wooden flooring in breach of the Owners Corporation Rules – Owners Corporation gave them an infringement notice – proceedings in tribunal for enforcement of infringement notice and compliance with the Rules – Original Tribunal ordered the unit owners to lodge new and compliant application for a hard floor, and to pay the Owners Corporation’s expenses of running the action once those expenses were quantified – appeal – whether Owners Corporation Rule 6.5 is invalid – whether the Rule is “harsh, unreasonable, or oppressive” – whether costs order was made in error – appellants applied to provide further evidence on appeal – relevant criteria – application refused – whether hearing of appeal should be de novo – appeal dismissed – substitute orders made Legislation cited: ACT Civil and Administrative Tribunal Act 2008 ss 7, 15, 16, 18, 22, 48, 82 Courts and Other Justice Legislation Amendment Act 2018 s 116 Land Titles (Unit Titles) Act 1970 Legislation Act 2001 s 112 Magistrates Court Act 1930 s 261 Strata Management Act 2015 (NSW) ss 136, 139 Unit Titles (Management) Act 2011 ss 16, 31, 35, 107, 108, 109, 127 Subordinate Legislation cited: ACT Civil and Administrative Tribunal Rules 2020 r 91(c) Unit Titles (Management) Regulation 2011

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

DISCRIMINATION – indirect discrimination – protected attributes – disability – association – loss suffered by the business – obstruction to clients with disabilities – whether business had ‘association’ with protected attribute – scope of ‘association’ under the Discrimination Act 1991 – condition or requirement – ‑claim for compensation – proof and quantum of alleged loss – no substitution of business as applicant in proceedings UNIT TITLES – unreasonable interference with use and enjoyment of common property – no special privilege granted – substitution of owner as applicant in proceedings Legislation cited: ACT Civil and Administrative Tribunal Act 2008 s 48 Disability Discrimination Act 1992 (Cth) s 4 Discrimination Act 1991 ss 4A, 4AA, 5AA ,7, 8, 19, 20 Equal Opportunity Act 2010 (Vic) s 6 Human Rights Commission Act 2005 ss 53, 53A, 53CA, 53E Legislation Act 2001 s 160 Uncollected Goods Act 1996 Unit Titles Management Act 2011 ss 22, 112A, 125, 129 Subordinate Legislation cited: ACT Civil and Administrative Tribunal Rules 2020 rr 39, 41 Unit Titles (Management) Regulation 2011 sch 1

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.