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Case Note: Antico Holdings Pty Ltd v The Owners – Units Plan No 3461 & Anor (Civil Dispute) [2012] ACAT 31

by Chris | Mar 7, 2022 | ACT, Case Review, News & Publications, Strata Disputes, Strata Disputes

The applicant, Antico Holdings Pty Ltd, sought to amend the Crown Lease Purpose Clause for a property to allow an “Indoor recreation facility LIMITED to a gym/fitness centre” to operate in units owned by the applicant.   Only one owner, Mr Lewis, ultimately...

Case Note: Butt v The Owners – Units Plan No 1725 [2013] ACAT 17

by Chris | Mar 7, 2022 | ACT, Case Review, News & Publications, Strata Disputes, Strata Disputes

Mr Butt commenced ACAT proceedings against the owners corporation requesting that ACAT set aside a resolution made by the owners corporation approving a specified sinking fund contribution on the grounds that the resolution was not in compliance with the requirements...

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...

Case Note: Executive Committee Units Plan No 930 v Capital Strata [2012] ACAT 46

by Chris | Mar 7, 2022 | ACT, Case Review, Levies, Levies, News & Publications, Strata Disputes, Strata Disputes

A number of owners signed a petition to the strata manager of an owners corporation requesting the executive committee call a general meeting to consider a motion to remove all the existing executive committee members and appoint new members.   The strata manager...

Case Note: The Owners – Units Plan No 1475 v Davidson & Anor (Appeal) [2022] ACAT 10

by Allison | Feb 9, 2022 | ACT, Case Review, Legal Alert, News & Publications, Recent News, Strata Disputes

On 8 February 2022 the ACAT Appeal Tribunal handed down it’s long awaited decision on the issue of providing the corporate register to a lot owner pursuant to section 119 of the Unit Titles (Management) Act 2011 (the UTMA). Kerin Benson Lawyers acted for the...

Bathroom Renovations – Specific By-Laws v Generic By-Laws

by Allison | Jan 17, 2022 | By-Laws, News & Publications, NSW, Strata Disputes

Section 108 of the Strata Schemes Management Act 2015 requires the adoption of a special by-law before an individual lot owner can carry out works affecting common property. The purpose of a by-law under section 108 is mainly to: identify the works involving common...
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