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...
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, 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...
by Chris | Mar 7, 2022 | ACT, Case Review, News & Publications, Strata Disputes, Strata Disputes
Mr Butt commenced ACAT proceedings against the owners corporation requesting that ACAT set aside a resolution made by the owners corporation approving a specified sinking fund contribution on the grounds that the resolution was not in compliance with the requirements...
