Community title law
Queensland has arguably the most sophisticated community titles legislative regime in Australia. With an increasing population residing and investing in community living, this interesting area of law is constantly evolving.
We have been involved in the establishment of community titles schemes ranging from large staged, canal-front and gated communities to small apartment buildings. We are uniquely positioned through our other areas of practice, particularly town planning to bring an holistic approach to community titling.
Ruddy Legal has represented unit owners and bodies corporate in disputes about fair and equitable lot entitlements and body corporate levies. Mark Ruddy acted for the sucessful parties in The Court of Appeal decisions of Banks v. Noosa on the Beach and Fischer v. Centrepoint which remain the water shed decisions in this important area of law.
We have experience in disputes relating to management rights, exclusive use by-laws and general by-laws, particularly those affecting amenity and quiet enjoyment.
We regularly accept instructions from body corporate committees as well as from individual lot owners and groups of lot owners.
Mark Ruddy has gained a wealth of knowledge having participated in study tours, including to the US, to examine alternative approaches to the establishment of homeowner associations and bodies corporate.
Ruddy Legal is highly skilled in providing comprehensive advice in all aspects of Community title law including:
- Establishment of community title schemes
- Adjustment of lot entitlements/body corporate levies
- Building management statements
- Community management statements
- Building defects
- Revision of by-laws
- Exclusive use areas
- Dispute resolution
- Management rights
- Advice on budget preparation for schemes
