In the recent case of Ainsworth v Albrecht [2016] HCA 40 (termed “the Viridian Decision”), the High Court of Australia has allowed an appeal against a decision of the Queensland Court of Appeal relating to the rights of lot owners within a community titles scheme. The Viridian Decision demonstrates that a lot owner is well within their rights to oppose a motion or a proposal to create exclusive use by-laws where the opposition is considered reasonable.
I am often asked by owners of lots in a body corporate or community titles scheme, firstly, whether there really is a body corporate and secondly, if there is one, whether they can get rid of it.
On 19 March 2013, the Newman government introduced changes to Body Corporate lot entitlements legislation. To understand the significance of these changes, the history of lot entitlements should be noted.
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