Company Title By- Laws

Marie123 said:

Over the years there have been various special resolutions passed to change the Articles including property boundaries.

If this is the case, then the minutes of the meetings and resolutions must have been kept by someone, most likely the managing agent of your company title block. ‘Long time residents’ don’t keep minutes/ resolutions, unless they were given a copy of them.

If you don’t trust your neighbours who have been living there a long time, plus you believe they are ‘doctoring’ documentation, then perusing the master file for the Corporation is your avenue. You must have a managing agent who co-ordinates the AGM, advises ASIC of shareholder/ director changes etc. and sends out quarterly levy notices?  You at least have a Chairperson on the Board of Directors?

Very few Company Title blocks are self managed. ASIC are really only interested in recording changes of Directors etc. However, you could call their info line and speak with inquiries about your concerns and they will look up the computer and advise you further on documents lodged with them.

In a Company Title unit the shares allocated to a shareholder give a right to occupy ‘space’. If the boundaries of that ‘space’ were altered, then a corresponding change to levy payments correlating to an increase/ decrease in ‘space’ should ensue. Is this the nexus of your concerns?

There are various Company Title threads on this website that are worth perusing. If you are prepared to pay for a lawyer, then find one who is experienced in Corporations Law and Company Title unit blocks.

If the records have not been kept, then your fellow shareholders are at the same disadvantage as you.

Proof of a decision is based on proper records, not the often faulty memories .

Consider the baseline to be anything that you can find proper records for. Then see what amendments need to be passed to make it like people think it should be.

Sujenna wrote:

If your levies have never been changed since the 1960’s then you must be laughing with the minimal payments you are all making as shareholders to keep the company/unit block going.

I saw that and suspected the OP meant the shares (the equivalent of Unit Entitlements) had not changed since the 60s.  The charges must have gone up in the past 60 years, surely, or the building wouldn’t be able to pay its bills.

Marie123 wrote:

I’ll let the readers know how I go as it seems this matter is likely to go to the Supreme Court and there will be learnings to share.

That would be great and good luck with your case.