News & Publications
Community Title Scheme No X v SV & HF (Civil Dispute) [2018] ACAT 72
By way of two debt applications, the applicant community title corporation (the applicant) sought the recovery of unpaid levies and associated collection expenses owed by the respondent lot owners pursuant to section 37 of the Community Titles Act 2001 (CT Act). The...
Case Note: Brudenall & Anor v The Owners – Units Plan No 202 (Appeal) [2019] ACAT 96
The applicant appealed against the decision in Brudenall v The Owners Corporation of Units Plan No 202 (Unit Titles) [2018] ACAT 113, alleging 10 errors of fact and law. The Appeal Tribunal accepted that the Original Tribunal erred in fact by stating that the word...
Case Note: Brudenall v The Owners Corporation of Units Plan No 202 (Unit Titles) [2018] ACAT 113
This case followed Brudenall & Ors v Owners Corporation Units Plan No. 202 (Unit Titles) [2016] ACAT 101. By late 2016 the Owners Corporation was intent on undertaking roof repairs on all the class A and class B properties. At the general meeting of 15 November...
Case Note: Rampala v The Owners – Units Plan 1330 (Unit Titles) [2018] ACAT 35
The applicant was one of the two registered owners of unit 1 in a unit titled complex owned by the respondent corporation. The applicant sought a merits review under section 129(1)(f) of the UTMA of two resolutions (motions 2 and 7) passed at its 2017 AGM. Motion 7...
Obligations in Relation to Mould in Apartments
Mould within homes is a common, though potentially hazardous, occurrence. Generally, mould is caused by: Condensation Elevated humidity Insufficient building ventilation Household clutter Inadequate bathroom and laundry ventilation. If mould is left untreated, there...
Stocker v The Owners – Strata Plan No. 6622 – Minor Renovations, or not?
In the recent case of Stocker v The Owners – Strata Plan No. 6622 [2022] NSWCATCD 31, the Tribunal considered whether works carried out by a lot owner were cosmetic works, or minor renovations, or works that were not cosmetic works or minor renovations, and the type...
DIY By-laws – DIY but Do it Right!
Works that are not cosmetic works or minor renovations, commonly referred to as major works, are more serious works to the common property. You will need a by-law for these works to be authorised. This requires a special resolution to be passed at a general meeting of...
Brudenall & Ors v Owners Corporation Units Plan No. 202 (Unit Titles) [2016] ACAT 101
This case followed the decision in the previous Brudenall case, The Owners – Units Plan No 202 v Brudenall & Ors (Unit Titles) [2015] ACAT 64. It arose as a cross-application for a merits review was filed in the above proceedings but ultimately was heard as...
The Owners – Units Plan No 202 v Brudenall & Ors (Unit Titles) [2015] ACAT 64
Units Plan No 202 contained both class A units and class B units. This case centred around a long-standing and important legislated distinction in the maintenance obligations of the owners of these units. Namely, that the owners of class A units are not responsible...
The Owners – Units Plan No 107 v Perkins (Unit Titles) [2016] ACAT 139
The owners corporation sought orders requiring Mr Perkins, the owner of unit 35, to refurbish his bathroom to prevent water egress into unit 34 (the unit below unit 35). ACAT Senior Member Robinson distinguished the facts of this case from The Owners – Units Plan No...
The Owners – Units Plan No 1917 v Koundouris [2016] ACTSC 96
This case involved an owners corporation suing a builder to recover losses and expenses arising from building defects. In that case, it was observed that the bathrooms of various units were not common property and therefore the only way in which the installation of...
The Owners – Units Plan No 3908 v SDNM Pty Ltd (Unit Titles) [2019] ACAT 74
On 29 November 2018, a new motion was put forward by the owners corporation which replicated the motion in issue in the 2018 case. This new motion, again, failed to be passed by an unopposed resolution. As a consequence, the owners corporation commenced another...