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...
by Chris | Aug 8, 2022 | ACT, BCA Compliance, BCA Compliance, Building Defects, Building Defects, Case Review, News & Publications, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
Benjamin John Davies and Prue Davies (the applicants) signed an ACT Home Building Contract on 2 March 2014 with Capital Homes Pty Ltd (the respondent) to build a home at Coombs, ACT. On 7 March 2015, the applicants notified the respondent of defects in an area...
by Chris | Jul 25, 2022 | ACT, Case Review, News & Publications, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
This ACT Supreme Court decision involved a lot owner who tripped and fell on the edge of a path which was located in an area for which the owners corporation was responsible. He wished to claim against the public liability insurance of the owners corporation to...
