ASA Nominees Pty Ltd v Owners Corporation PS 513436B and Adamopoulos [2016] VSC 562 arose from a surveyors error which occurred when lots in the plan of subdivision were re-subdivided. An amended plan was registered which showed the boundary between two lots as located 3 metres to the west of the wall that was intended to form the boundary. Continue reading
Section 34D Subdivision Act
Is the lot liability ‘just and equitable’?
Two lot owners applied to the Tribunal to have the lot entitlement and liability of the subdivision amended. Continue reading
Altering the subdivision – the hoops have been removed
Altering a subdivision (for example, to transfer part of the common property to another entity, or to alter lot liability and entitlements) requires a unanimous resolution of the OC. Continue reading