Gracie v The Owners Units Plan 3411 and Ors (Unit Titles)

In this case, the applicant, Ms Gracie, sought to have several resolutions passed at an annual general meeting of the owners corporation for Units Plan 3411 (UP 3411) in 2015 reviewed. The dispute arose between Ms Gracie and the owners corporation for UP 3411, represented by Statehay Pty Ltd and others. The matter was heard by the Australian Capital Territory Civil and Administrative Tribunal (ACTCAT).

The legal issues before the court were whether certain resolutions passed at the annual general meeting of UP 3411 on 20 May 2015 were valid and should be given effect. Additionally, the court was required to determine whether an administrator should be appointed for the owners corporation for UP 3411.

The court found that several resolutions passed at the annual general meeting were invalid due to conflicts of interest, procedural irregularities, or because they contravened the Unit Titles (Management) Act 2011 (ACT). The court held that Ms Gracie was entitled to have certain resolutions amended or repealed and that Statehay and its representatives should abstain from voting or involvement in certain matters. The court also found that the appointment of an administrator was not necessary.

The court made orders that certain resolutions passed at the annual general meeting be given effect, that Statehay and its representatives should abstain from voting and involvement in certain matters, that certain members be elected to the executive committee, that City Strata Management Pty Ltd be appointed as strata manager for UP 3411, and that the appointment of an administrator be dismissed.