It’s my castle and I want to get in – Supreme Court confirms Body Corporate cannot restrict owner’s access

November 5, 2014

in Property,Unit Titles

Property: Unit Titles Act 2010The Supreme Court has recently issued its decision on long running litigation concerning the rights of owners to access their units when restrictions are put in place by the Body Corporate purportedly on the basis of security. This long running litigation concerned a student accommodation block where the building manager was requiring unit owners to sign a management lease and where some owners had refused to do so.  The Body Corporate and the building manager refused to provide electronic access cards to the owners of those units and essentially locked those unit owners out.

The High Court, Court of Appeal and now the Supreme Court have indicated that the Body Corporate does not have such powers under the statutory framework.

The Supreme Court held that a unit owner is given a natural right of access to the owner’s unit and that the Body Corporate was unreasonably interfering with the owner’s rights by restricting that access.

Farry and Co. are experts in all areas relating to Unit Title ownership, Unit Title developments and administration of Body Corporates.

If you require any advice or further information on the matters dealt with in this publication please contact the lawyer at Farry and Co. who normally advises you, or alternatively contact:

Paul Farry
09 379 0055 or 03 477 8870



The information contained in this publication is intended as a guide only. It does not constitute legal advice and should not be relied upon as such.  Professional advice should be sought before applying any of the information to particular circumstances.  While every reasonable care has been taken in the preparation of this publication, Farry and Co. does not accept liability for any errors it may contain.

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