by Chris | May 20, 2022 | ACT, Building Defects, Building Defects, By-Laws, Case Review, News & Publications, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
The applicant appealed against the decision in Brudenall v The Owners Corporation of Units Plan No 202 (Unit Titles) [2018] ACAT 113, alleging 10 errors of fact and law. The Appeal Tribunal accepted that the Original Tribunal erred in fact by stating that the word...
by Chris | May 20, 2022 | ACT, Building Defects, Building Defects, By-Laws, Case Review, News & Publications, Rules, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
This case followed Brudenall & Ors v Owners Corporation Units Plan No. 202 (Unit Titles) [2016] ACAT 101. By late 2016 the Owners Corporation was intent on undertaking roof repairs on all the class A and class B properties. At the general meeting of 15 November...
by Chris | May 20, 2022 | ACT, Building Defects, Building Defects, By-Laws, Case Review, News & Publications, Rules, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
The applicant was one of the two registered owners of unit 1 in a unit titled complex owned by the respondent corporation. The applicant sought a merits review under section 129(1)(f) of the UTMA of two resolutions (motions 2 and 7) passed at its 2017 AGM. Motion 7...
by Chris | May 9, 2022 | ACT, Building Defects, Building Defects, Case Review, Levies, Levies, News & Publications, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
Units Plan No 202 contained both class A units and class B units. This case centred around a long-standing and important legislated distinction in the maintenance obligations of the owners of these units. Namely, that the owners of class A units are not responsible...
by Chris | May 9, 2022 | ACT, Building Defects, Building Defects, Case Review, News & Publications, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
The owners corporation sought orders requiring Mr Perkins, the owner of unit 35, to refurbish his bathroom to prevent water egress into unit 34 (the unit below unit 35). ACAT Senior Member Robinson distinguished the facts of this case from The Owners – Units Plan No...
by Chris | May 9, 2022 | ACT, Building Defects, Building Defects, Case Review, News & Publications, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
This case involved an owners corporation suing a builder to recover losses and expenses arising from building defects. In that case, it was observed that the bathrooms of various units were not common property and therefore the only way in which the installation of...
