by Allison | Jun 14, 2022 | Levies, NSW, Strata Disputes
Although only a local court assessor’s matter, the case of The Owners – Strata Plan No 52098 v Khalil [2014] NSWLC 2 stands for not putting legal costs onto a lot’s ledger until they have been either the subject of a costs order in the Tribunal or a court....
by Chris | Jun 3, 2022 | ACT, By-Laws, Case Review, Levies, Levies, News & Publications, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
By way of two debt applications, the applicant community title corporation (the applicant) sought the recovery of unpaid levies and associated collection expenses owed by the respondent lot owners pursuant to section 37 of the Community Titles Act 2001 (CT Act). The...
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 | Apr 25, 2022 | ACT, By-Laws, Case Review, Levies, Levies, News & Publications, Rules, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
On 29 November 2018, a new motion was put forward by the owners corporation which replicated the motion in issue in the 2018 case. This new motion, again, failed to be passed by an unopposed resolution. As a consequence, the owners corporation commenced another...
by Chris | Apr 25, 2022 | ACT, By-Laws, Case Review, Levies, Levies, News & Publications, Rules, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
The respondent is the owners corporation for mixed-use premises of 10 commercial units and 69 residential units. The applicant is the owner of one of the commercial units. At the 2018 general meeting held on 13 June 2018, a resolution was passed by 13 votes in favour...
by Chris | Apr 4, 2022 | ACT, Case Review, Legal Alert, Levies, Levies, News & Publications, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
The respondent was the owner of unit 2 and the applicant the owners corporation. The total claimed was: (a) balance of levies owed ($602.93); (b) ACAT filing fee; (c) legal expenses for preparation of and attendance at the hearing and the mediation; and (d) witness...
