by Chris | Mar 7, 2022 | ACT, Case Review, News & Publications, Recent News, Rules, Strata Disputes
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...
by Chris | Mar 7, 2022 | ACT, Case Review, News & Publications, Recent News, Rules, Strata Disputes, Strata Disputes
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...
by Chris | Mar 7, 2022 | ACT, Case Review, News & Publications, Strata Disputes, Strata Disputes
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...
by Chris | Mar 7, 2022 | ACT, Case Review, News & Publications, Strata Disputes, Strata Disputes
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...
by Chris | Mar 7, 2022 | ACT, Case Review, News & Publications, Rules, Strata Disputes, Strata Disputes
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...
by Chris | Mar 7, 2022 | ACT, Case Review, Levies, Levies, News & Publications, Strata Disputes, Strata Disputes
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...
by Allison | Feb 14, 2022 | By-Laws, News & Publications, NSW, Recent News
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...
by Allison | Feb 14, 2022 | ACT, Building Defects, News & Publications, NSW
Both Ross Taylor, who together with our Chris Kerin conducted an interview with David Chandler the NSW Building Commissioner on the topic of residential development regulation reforms in NSW, and our Allison Benson have contributed to a guide to navigating building...
by Allison | Feb 9, 2022 | Building Defects, News & Publications, NSW, Recent News
In March 2021, Christopher Kerin and Ross Taylor from Ross Taylor & Associates had a discussion with David Chandler, the NSW Building Commissioner, on the topic of residential development regulation reforms in NSW. The two key pieces of legislation discussed were...
by Allison | Feb 9, 2022 | ACT, Case Review, Legal Alert, News & Publications, Recent News, Strata Disputes
On 8 February 2022 the ACAT Appeal Tribunal handed down it’s long awaited decision on the issue of providing the corporate register to a lot owner pursuant to section 119 of the Unit Titles (Management) Act 2011 (the UTMA). Kerin Benson Lawyers acted for the...
