by Chris | Jul 25, 2022 | ACT, Case Review, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
In this case, water accumulated on the balcony walkway (which was part of common property) and then flowed into unit 13B which effectively destroyed the carpet in that unit. Section 24 of the UTMA (or more precisely section 51 of the old Unit Titles Act) was found to...
by Chris | Jul 11, 2022 | ACT, By-Laws, Case Review, News & Publications, Rules, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
The respondents owned and occupied a ground floor unit and in 2006, were given written permission to plant two trees in their courtyard. In fact, three trees were planted. These trees flourished and soon began to interfere with the amenity of the unit directly above...
by Chris | Jul 11, 2022 | ACT, By-Laws, Case Review, News & Publications, Rules, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
A unit owner sought, among other orders, an urgent order to stay the removal of a eucalyptus tree and required remedial measures be taken to retain the tree. The executive committee had authorised the removal of the tree (i.e. the facts are the reverse of those in the...
by Chris | Jul 11, 2022 | ACT, By-Laws, Case Review, News & Publications, Rules, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
A unit owner sought, amongst other orders, an order from ACAT for the removal of a large Brittle Gum from the common property near his premises. When the matter first came before ACAT for directions, it was established that the question of removal of the tree was best...
by Chris | Jul 11, 2022 | ACT, By-Laws, Case Review, News & Publications, Rules, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
On 18 December 2015, the applicant applied to the respondent to damage three different trees by removing them. Tree assessment reports were prepared on 12 January 2016 and tree 1 (being the subject of this decision) was found to be in good health. On 22 January 2016,...
by Chris | Jun 28, 2022 | ACT, BCA Compliance, BCA Compliance, Building Defects, Building Defects, News & Publications, Recent News, Strata Disputes, Strata Disputes
In response to a substantial increase in the number of formal complaints about building matters since 2010, the new Building and Construction Legislation Amendment Act 2020 introduced a new dispute resolution scheme in the ACT for residential building disputes by...