Keay v SP3132: restoring rights lost by consolidation error
Errors in consolidated by-laws omitted a lot owner’s parking and storeroom rights. The Court upheld those rights and held that s 138 permitted orders extending to the preparation and lodgement of a corrected dealing.
Thompson v SP31007: Exclusive use indemnity clause
The Appeal Panel held that a lot owner could not recover compensation for rooftop structures damaged during roof membrane replacement works. An exclusive use by-law requiring the owner to indemnify the owners corporation extended to damage caused while necessary common property repairs were carried out.
Finger Wharf Rebels
Parker J in the Supreme Court has held void for uncertainty an SMS clause requiring member owners corporations to appoint the BMC’s agent as their own, and by-laws in similar terms.
GS & CS v SP63227: unreasonable refusal & prior consent
Appeal Panel decision concerning the need for the prior written consent of all benefited lot owners to change a common property rights by-law before the owners corporation can be deemed to have unreasonably refused to change the by-law.