An ancient Roman law remedy literally meaning "restoration to the original state", restitutio in integrum aims to restore people, as far as possible, to the position they would have been in if a wrongful act or transaction hadn’t occurred.
A founder dies and the family disagrees about what should happen to the assets. Then some beneficiaries produce emails proving they know what he wanted to happen. Surely the court can step in and wind up the trust?
It is a common scenario at body corporate general meetings: the trustees table a proposed new conduct or management rule, but during the discussion, owners express dissatisfaction with the specific wording and suggest changes on the floor. Can owners amend the text of a proposed rule and vote on the revised version immediately, or must the meeting be adjourned and re-called with the new wording?
It is a common source of frustration for managing agents and trustees: an owner falls heavily into levy arrears, the body corporate incurs legal costs obtaining a court judgment or CSOS order against them, yet they show up at the Annual General Meeting (AGM), sometimes carrying proxies for other owners, to challenge the budget and vote on scheme business.
Security cameras have become a normal part of life in community schemes. Many sectional title schemes and home owners associations rely on CCTV systems to monitor entrances, parking garages, lifts, corridors, refuse areas, common property and other shared spaces. This is generally a good thing.
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