News & Publications
Ceramidas & Anor v The Owners – Units Plan No 3488 & Anor (Unit Titles) [2019] ACAT 13
The applicants were the owners of a unit in Units Plan 3488. One morning when the applicants were not present in the unit, a hose connected to the mains in the toilet cistern broke and water flowed out of the cistern into the apartment and into the common property in...
The Owners – Units Plan No 60 v Adam (Civil Dispute) [2019] ACAT 7
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...
Can An Owners Corporation Deactivate Access Devices And Recover Costs?
The recent case of The Owners – SP No 91684 v Liu; The Owners – SP No 90189 v Liu [2022] NSWCATAP 1 considers these questions. Shortly after section 137A of the Strata Schemes Management Act 2015 (SSMA 2015) came into effect, each owners corporation in this case...
Martin v The Owners – Units Plan No 220 & Ors (Unit Titles) [2017] ACAT 22
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...
Case Note: The Owners – Units Plan No 14 v Wright (Appeal) [2021] ACAT 55
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....
Case Note: The Owners – Units Plan No 14 v Wright (Unit Titles) [2020] ACAT 60
The applicant is the Owners Units Plan No. 14 and the respondent is Mr Wright from Unit 2. Since 2009 the owners had been trying to stop Mr Wright from using the common car park to store cars and car parts in ways which annoyed and inconvenienced other owners. The...
Case Note: Executive Committee – Units Plan No 1863 v Kilian (Unit Titles) [2021] ACAT 81
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...
Case Note: Antico Holdings Pty Ltd v The Owners – Units Plan No 3461 & Anor (Civil Dispute) [2012] ACAT 31
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...
Case Note: Butt v The Owners – Units Plan No 1725 [2013] ACAT 17
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...
Case Note: Brown v The Owners – Units Plan No 2737 [2011] ACAT 2
The proxy form used by an owners corporation for their Annual General Meeting provided that: “I/WE HEREBY APPOINT [must be a Unit Owner in UP 2737] OR failing him/her, the CHAIRPERSON to act as my/our PROXY at the Annual General Meeting of the Owners – Units Plan 2737...
Case Note: Executive Committee Units Plan No 930 v Capital Strata [2012] ACAT 46
A number of owners signed a petition to the strata manager of an owners corporation requesting the executive committee call a general meeting to consider a motion to remove all the existing executive committee members and appoint new members. The strata manager...
Reforms to the NSW Community Title Law
The long awaited community title changes commenced on 1 December 2021 with the Community Land Management Act 2021 (‘CLMA’), the Community Land Development Act 2021 (‘CLDA’) and the accompanying regulations now in force. If you own or live in a community title...