by Allison | Oct 17, 2022 | By-Laws, News & Publications, NSW, Strata Disputes
In the case of Dunstan v The Owners – Strata Plan No. 79749, an order was made to appoint a compulsory strata manager for a 12 month period to exercise all functions of the Owners Corporation and strata committee. The strata scheme consists of 13 units built in 2008....
by Chris | Oct 9, 2022 | ACT, Case Review, News & Publications, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
1. This dispute related to a ten-storey concrete building known as City Plaza that was subdivided by the registration of Units Plan No 1475 in April 1996. The ground floor contains eight commercial units numbered 1 to 8. The first floor contains seven commercial units...
by Allison | Aug 15, 2022 | News & Publications, NSW, Strata Disputes
Did the resident caretaker’s behaviour amount to gross misconduct to the extent that the Owners Corporation was entitled to terminate the Caretaker’s Agreement? If it did, were there provisions in their Agreement which could reserve the caretaker’s rights upon...
by Allison | Aug 15, 2022 | By-Laws, News & Publications, NSW, Strata Disputes
The by-laws for a strata scheme are binding upon the owners corporation, owners and occupiers. If an owner or occupier breaches any of the strata scheme’s by-laws, the owners corporation can take steps to enforce those by-laws. Before commencing proceedings, we...
by Chris | Aug 8, 2022 | ACT, BCA Compliance, BCA Compliance, Building Defects, Building Defects, Case Review, News & Publications, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
On 10 December 2019, the Building and Construction Legislation Amendment Act 2019 amended the Construction Occupations (Licensing) Act 2004 (COLA) among other things to allow for rectification orders to be made in relation to directors of licensed corporations. The...
by Chris | Aug 8, 2022 | ACT, BCA Compliance, BCA Compliance, Building Defects, Building Defects, Case Review, News & Publications, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
These cases involved a large residential apartment complex in Bruce called Elara Apartments which suffered from significant building defects. Elara Apartments was constructed by B & T Constructions (ACT) Pty Ltd (the Builder). Initially the owners corporation...