13 May 2010
BODY CORPORATE NO. 318596 AND ANOR V BARTLETT HC TAU CIV 2009-470-000952
- Citation
- openlaw-b5184b01_aacc_428e_8dce_79ba9a266a9e.pdf
- Court
- High Court
Court exercised its s48 discretion to sanction a scheme but held the draft scheme was inconsistent with the Act and Body Corporate rules to the extent it made the Body Corporate responsible for repair of balconies and other unit property. Balconies and interior faces of balustrades are unit property per the unit plan and rules; therefore the sanctioned scheme must apportion costs so that all owners contribute to common property repairs according to unit entitlement and individual owners remain responsible for repairs to their unit property. The draft clause providing Body Corporate responsibi…