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, 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...
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...
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...
