by Allison | May 15, 2022 | By-Laws, News & Publications, NSW
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...
by Allison | May 15, 2022 | By-Laws, News & Publications, NSW
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...
by Chris | May 9, 2022 | ACT, Building Defects, Building Defects, Case Review, Levies, Levies, News & Publications, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
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...
by Chris | May 9, 2022 | ACT, Building Defects, Building Defects, Case Review, News & Publications, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
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...
by Chris | May 9, 2022 | ACT, Building Defects, Building Defects, Case Review, News & Publications, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
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...
by Chris | Apr 25, 2022 | ACT, By-Laws, Case Review, Levies, Levies, News & Publications, Rules, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
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...
