News & Publications
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...
SDNM Pty Limited v The Owners – Units Plan 3908 (Unit Titles) [2018] ACAT 102
The respondent is the owners corporation for mixed-use premises of 10 commercial units and 69 residential units. The applicant is the owner of one of the commercial units. At the 2018 general meeting held on 13 June 2018, a resolution was passed by 13 votes in favour...
The Owners – Units Plan No 3217 v AJ Properties Pty Ltd and Anor (Unit Titles) [2019] ACAT 35
The applicant is the owners corporation of Units Plan 3217. The first respondent, AJ Properties Pty Ltd, is the owner of unit 13. The second respondent, Xbox Projects Pty Ltd, is the owner of units 11, 12 and 14. There was a fire which damaged units 11, 12, 13 and 14....
Renovations To Your Apartment And What The Design And Building Practitioners Act 2020 Means For You
Lot owners who wish to carry out works to their apartment will need to consider whether the works they want to carry out will be subject to provisions under the Design and Building Practitioners Act 2020 (DBPA) including the requirement for building professionals to...
Is Your Owners Corporation Performing Satisfactorily?
In the recent case of Hannan v The Owners - Strata Plan No. 20680 [2022] NSWCATCD 15, a few lot owners made an application to the Tribunal for orders that a compulsory strata manager be appointed pursuant to section 237(1)(a) of the Strata Schemes Management Act 2015....