by Chris | Jul 11, 2022 | ACT, By-Laws, Case Review, News & Publications, Rules, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
A unit owner sought, amongst other orders, an order from ACAT for the removal of a large Brittle Gum from the common property near his premises. When the matter first came before ACAT for directions, it was established that the question of removal of the tree was best...
by Chris | Jul 11, 2022 | ACT, By-Laws, Case Review, News & Publications, Rules, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
On 18 December 2015, the applicant applied to the respondent to damage three different trees by removing them. Tree assessment reports were prepared on 12 January 2016 and tree 1 (being the subject of this decision) was found to be in good health. On 22 January 2016,...
by Chris | Jun 28, 2022 | ACT, BCA Compliance, BCA Compliance, Building Defects, Building Defects, News & Publications, Recent News, Strata Disputes, Strata Disputes
In response to a substantial increase in the number of formal complaints about building matters since 2010, the new Building and Construction Legislation Amendment Act 2020 introduced a new dispute resolution scheme in the ACT for residential building disputes by...
by Allison | Jun 21, 2022 | ACT, Case Review, News & Publications, Rules, Strata Disputes
The issue in this case was whether reduced quorum decisions made at an annual general meeting held on 16 December 2021 took effect where the owners corporation gave notice of the reduced quorum decisions to unit owners on 4 January 2022, that is, more than seven...
by Allison | Jun 14, 2022 | By-Laws, Case Review, News & Publications, NSW
The Appeal Panel in Kaye v The Owners – SP 4350 [2022] NSWCATAP 173 (Kaye) have provided a number of reasons why an owners corporation was reasonable in refusing to make a common property rights by-law. In that case, a lot owner requested that the Owners Corporation...
by Chris | Jun 3, 2022 | ACT, By-Laws, Case Review, News & Publications, Rules, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
It should be noted that the relevant legislation in place at the time of this judgement is identical to the current sections 136 – 140 of the UTMA except that ACAT has replaced the ACT Magistrates Court as the relevant governing body. Italian & Continental Bakery...
