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 | 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, By-Laws, Case Review, Legal Alert, News & Publications, Recent News, Rules, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
The respondents are owners of a unit and members of the applicant owners corporation. The applicant applied to the Tribunal for orders in relation to a range of unapproved alterations the respondents had made without the consent of the executive committee in...
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...
