by Allison | Oct 13, 2014 | ACT, Case Review, Strata Disputes
For most of us our homes are our castles. Given the emotional and financial stresses associated with them it is understandable that when there is a problem such as water penetration, a unit owner wants someone else to be responsible for any financial loss caused. In a...
by Allison | Oct 10, 2014 | Case Review, Levies, NSW
The recent cases of Kisimul Holdings Pty Ltd v Clear Position Pty Ltd [2014] NSWCA 262 (Kisimul) and In the Matter of EGE Foods Australia Pty Ltd [2014] NSWSC 983 (EGE Foods) serve to emphasise the importance of compliance with legislative requirements when issuing...
by Allison | Sep 1, 2014 | ACT, Case Review, Strata Disputes
Owners Corporations pass resolutions at meetings all the time, often unanimously and without controversy. The recent ACT Civil and Administrative Tribunal (ACAT) case of Green & Ors v The Owners – Units Plan No. 199 (Unit Titles) [2014] ACAT 52 highlights the...
by Allison | Aug 31, 2014 | Building Defects, Case Review, NSW
In a win for Owners Corporations (and home owners) in NSW, a recent Supreme Court decision has validated the right of the Owners Corporation, in certain circumstances, to refuse an offer by the original builder to conduct remedial work where there are agreed building...
by Allison | Jul 15, 2014 | ACT, Case Review, NSW, Strata Disputes, Strata Disputes
When recovering strata levies or defending an application by a lot owner in respect of the validity of a meeting, it is essential that you have good processes in place and can demonstrate that you have followed these processes when sending meeting notices and levy...
by Allison | Jul 8, 2014 | ACT, Case Review, Levies, Levies, NSW
In a recent Local Court case, the court had much to say on what was considered ‘reasonable’ legal expenses and ‘reasonable’ conduct in commencing levy recovery proceedings. The court was critical of the managing agent & the Owners Corporation and found for the...
