All you need to know about altering lot entitlements in NSW, Victoria and Queensland

1. Altering Lot Entitlements
NSW, Victoria and Queensland - all you need to know
25 August 2011
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2. NSW- Altering Unit Entitlements
 Unit entitlement will only be altered in exceptional circumstances and all
the required elements must be satisfied before an application to change
the unit entitlements among lots will succeed.
 Applications for the alteration of units of entitlement can be made either
to the Supreme Court of New South Wales or under s183 of the Strata
Schemes Management Act 1996 (SSMA) by order of the
Consumer, Trader and Tenancy Tribunal (CTTT).
 Court can order that the developer must pay the applicant’s costs for
proceedings to alter unit entitlements, as well as the owners corporation
for overpayments made over the period.
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3. Victoria-Altering Lot Entitlements and Lot Liability
 Lot entitlements and lot liabilities can be changed by unanimous
resolution under section 33 of the Subdivisions Act 1988.
 All owners must agree to the change in lot entitlements and/or liabilities.
If a single owner does not agree, the applicant will have to seek orders
from the Victorian Civil and Administrative Tribunal (VCAT).
 VCAT may make an order in respect of altering lot entitlements even
though there is no unanimous resolution of the owners corporation
authorising the action.
 Action may be taken against the original surveyor on the basis that the
surveyor failed to apply the relevant provisions in good faith to ensure
that the lot allocation was “just and equitable” for all lot owners.
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4. Queensland- Altering Lot Entitlements
 Following the implementation of amendments to the Body Corporate and
Community Management Act 1997, a new framework has been
implemented to provide for the setting and alteration of lot entitlements.
 Three possible ways to alter Lot Entitlements:
• By way of a general meeting
• By agreement of two or more owners
• An order from a special adjudicator or QCAT.
 Any lot owner that was subject to a contribution schedule lot entitlement
adjustment order that occurred before the enactment of the
amendments may seek to revert their contribution schedule lot
entitlements to the prior position.
© Copyright 2011 Teys Lawyerswww.teyslawyers.com.au