Often a body corporate or its committee is accused of acting
unreasonably by someone that considers its stance to be unfair or
adverse to their interests. That inevitably leads to a debate on
what 'reasonable' means. A recent decision has given the
industry an answer.
It started with one owner's plan to join together an
external deck and daybed to his villa to create a larger external
space. That required exclusive use of about 5m² of common
property air space next to both of these external areas.
The grant of exclusive use of the common property had to be
authorised by resolution without dissent. At the general meeting,
50% of the voters opposed it.
Ordinarily that would be the end of the matter. However, an
adjudicator in the Office of the Commissioner for Body Corporate
and Community Management has the power to make an order to give
effect to a motion that required a resolution without dissent if
they are satisfied that the motion did not pass because
