by Chris | Jul 11, 2022 | ACT, By-Laws, Case Review, News & Publications, Rules, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
A unit owner sought, amongst other orders, an order from ACAT for the removal of a large Brittle Gum from the common property near his premises. When the matter first came before ACAT for directions, it was established that the question of removal of the tree was best...
by Chris | Jul 11, 2022 | ACT, By-Laws, Case Review, News & Publications, Rules, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
On 18 December 2015, the applicant applied to the respondent to damage three different trees by removing them. Tree assessment reports were prepared on 12 January 2016 and tree 1 (being the subject of this decision) was found to be in good health. On 22 January 2016,...
by Allison | Jun 14, 2022 | By-Laws, Case Review, News & Publications, NSW
The Appeal Panel in Kaye v The Owners – SP 4350 [2022] NSWCATAP 173 (Kaye) have provided a number of reasons why an owners corporation was reasonable in refusing to make a common property rights by-law. In that case, a lot owner requested that the Owners Corporation...
by Chris | Jun 3, 2022 | ACT, By-Laws, Case Review, News & Publications, Rules, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
It should be noted that the relevant legislation in place at the time of this judgement is identical to the current sections 136 – 140 of the UTMA except that ACAT has replaced the ACT Magistrates Court as the relevant governing body. Italian & Continental Bakery...
by Chris | Jun 3, 2022 | ACT, By-Laws, Case Review, News & Publications, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
In this case, the owners corporation comprised two stages which were developed by Statehay Pty Ltd. Stage 1, known as Lakeside, comprised 112 units and was completed in about 2009. Stage 2, known as Central Park, comprised 128 units and was completed in April 2014....
by Chris | Jun 3, 2022 | ACT, By-Laws, Case Review, Rules, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
In this case, court proceedings were commenced seeking an order pursuant to section 92(2) of the Unit Titles Act 1970 (ACT) that David Bowditch be appointed an administrator of the owners corporation. The facts were not in any significant dispute and the real issue...
