by Chris | Apr 4, 2022 | ACT, By-Laws, Case Review, Legal Alert, News & Publications, Recent News, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
The applicants were the owners of a unit in Units Plan 3488. One morning when the applicants were not present in the unit, a hose connected to the mains in the toilet cistern broke and water flowed out of the cistern into the apartment and into the common property in...
by Chris | Apr 4, 2022 | ACT, Case Review, Legal Alert, Levies, Levies, News & Publications, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
The respondent was the owner of unit 2 and the applicant the owners corporation. The total claimed was: (a) balance of levies owed ($602.93); (b) ACAT filing fee; (c) legal expenses for preparation of and attendance at the hearing and the mediation; and (d) witness...
by Chris | Mar 7, 2022 | ACT, Case Review, News & Publications, Recent News, Rules, Strata Disputes, Strata Disputes
The applicant sought an order from ACAT that the owners corporation issue a rule infringement notice for various alleged breaches of House Rules and rules of the owners corporation. In response, ACAT held that there is no general power in section 129 of the UTMA to...
by Chris | Mar 7, 2022 | ACT, Case Review, News & Publications, Recent News, Rules, Strata Disputes, Strata Disputes
The owners corporation appealed a number of aspects of the original decision. The appeal was dealt with as a review under section 82(b) of the ACAT Act and the owners corporation needed to establish an error of fact or law in the original decision in order to succeed....
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...
