29 Jun 2012
BODY CORPORATE 95035 V CHANG & ORS HC AK CIV-2011-404-002361
- Citation
- openlaw-bbad1431_f9c6_4891_b8dd_eba6f4189501.pdf
- Court
- High Court
Rules 2.2(c) (requiring Body Corporate to repair/maintain exterior walls and roof), 2.1(a)(iv) (access based on that power) and 2.2(g) (altered levy basis) are ultra vires and invalid because they appreciably expand Body Corporate powers beyond duties incidental to the Act; rule 2.1(e) (limiting unit owners' repair obligation to interiors) remains valid; s37(12) relief is inadequate for façade repairs but s48 scheme is appropriate to require coordinated works; Court ordered settlement of a s48 scheme with Body Corporate to manage works and costs apportioned by unit area rather than unit entit…