Green v The Owners - Units Plan No. 199

Green brought a proceeding against The Owners - Units Plan No. 199, the owners corporation of Units Plan No. 199. The dispute concerned the validity of resolutions passed by the owners corporation in July 2011 and February 2014. Specifically, the proceeding questioned the approval of an extension to unit 15, a retrospective approval of an extension to unit 34, and an amendment to the schedule of unit entitlements. The proceeding was heard by the Civil and Administrative Tribunal of the ACT.

The central legal issue was whether the resolutions passed at the July 2011 and February 2014 meetings were valid. The tribunal considered whether the resolutions were passed in accordance with the requirements of the Unit Titles Act 2001 (ACT) and the default articles of Units Plan No. 199. The tribunal had to determine if the requirements for passing special and unopposed resolutions were met. The tribunal also had to consider if the resolutions were validly passed without the necessary majority or unanimous votes.

The tribunal found that the resolutions passed in July 2011 were valid, as they met the requirements of the Unit Titles Act 2001 and the default articles of Units Plan No. 199. The tribunal determined that the resolutions were passed in accordance with the requirements for a special and unopposed resolution. The tribunal also found that the resolutions were validly passed, as they had the necessary majority or unanimous votes. However, the tribunal found that the resolutions passed in February 2014 were invalid, as they did not meet the requirements for passing a special resolution. The tribunal determined that the resolutions were not passed in accordance with the requirements for a special resolution, as they did not have the necessary majority votes.

The tribunal ordered that the proceeding be dismissed and that the matter be set down for a directions hearing in relation to the merit review of Motion 3.1 of the General Meeting held 5 February 2014.