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Case Note: Executive Committee – Units Plan No 1863 v Kilian (Unit Titles) [2021] ACAT 81

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...

Case Note: Brown v The Owners – Units Plan No 2737 [2011] ACAT 2

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...

Keeping of Animals in Strata Schemes – an Ongoing Saga

by Allison | Sep 8, 2021 | By-Laws, Legal Alert, News & Publications, NSW, Recent News, Rules, Strata Disputes

In the most recent development on keeping of animals in strata schemes, s 137B of the Strata Schemes Management Act 2015 came into effect on 25 August 2021. Our Allison Benson has written an article about this new section here. In addition, clause 36A of the Strata...

Are Age Restriction Rules Valid?

by Allison | Mar 10, 2021 | Case Review, Legal Alert, News & Publications, NSW, Rules

This was one of the questions before the Appeal Panel in the case of YBOS Pty Ltd t/as BIG4 Tweed Billabong Holiday Park v Creek [2020] NSWCATAP 284. The case related to a dispute concerning a community rule which provided an age restriction as follows: “The age...

Tips and Traps for Strata Managers when Completing and Executing Change of By-Law Documents

by Allison | Feb 10, 2021 | By-Laws, News & Publications, NSW, Rules

Changes to by-laws must be registered within six months of the resolution to do so being passed. To avoid any complications, delays or requisitions by the NSW Land Registry Services (for which they generally charge an additional fee) we have compiled this general...

What happened when a Building was Damaged from the Excavations next Door?

by Allison | Jan 22, 2021 | Case Review, Fact Sheets, Factsheets, Legal Alert, News & Publications, NSW, Rules, Strata Disputes

Picture this: Building works in a development project led to movements of the foundation below an adjoining strata scheme causing extensive damage to an apartment building on that land.  The building works involved extensive excavations, a retaining and a shoring wall...
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Recent News & Publications

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