by Allison | Mar 14, 2022 | By-Laws, News & Publications, NSW, Recent News
The recent case of The Owners – SP No 91684 v Liu; The Owners – SP No 90189 v Liu [2022] NSWCATAP 1 considers these questions. Shortly after section 137A of the Strata Schemes Management Act 2015 (SSMA 2015) came into effect, each owners corporation in this case...
by Chris | Mar 7, 2022 | ACT, Case Review, News & Publications, Recent News, Rules, Strata Disputes, Strata Disputes
The applicant sought an order from ACAT that the owners corporation issue a rule infringement notice for various alleged breaches of House Rules and rules of the owners corporation. In response, ACAT held that there is no general power in section 129 of the UTMA to...
by Chris | Mar 7, 2022 | ACT, Case Review, News & Publications, Recent News, Rules, Strata Disputes, Strata Disputes
The owners corporation appealed a number of aspects of the original decision. The appeal was dealt with as a review under section 82(b) of the ACAT Act and the owners corporation needed to establish an error of fact or law in the original decision in order to succeed....
by Chris | Mar 7, 2022 | ACT, Case Review, News & Publications, Recent News, Rules, Strata Disputes
The applicant is the Owners Units Plan No. 14 and the respondent is Mr Wright from Unit 2. Since 2009 the owners had been trying to stop Mr Wright from using the common car park to store cars and car parts in ways which annoyed and inconvenienced other owners. The...
by Chris | Mar 7, 2022 | ACT, Case Review, News & Publications, Recent News, Rules, Strata Disputes, Strata Disputes
This matter concerns a residential property at Lyneham, ACT where the applicant was the executive committee and the respondent an owner of unit 29. Around February 2019 a complaint was received by the executive committee about caravans/campers/boats parked in...
by Chris | Mar 7, 2022 | ACT, Case Review, News & Publications, Strata Disputes, Strata Disputes
The applicant, Antico Holdings Pty Ltd, sought to amend the Crown Lease Purpose Clause for a property to allow an “Indoor recreation facility LIMITED to a gym/fitness centre” to operate in units owned by the applicant. Only one owner, Mr Lewis, ultimately...
