by Allison | May 14, 2023 | News & Publications, NSW, Recent News, Strata Disputes
In the recent case of Haramis v The Owners – Strata Plan No. 51923 [2023] NSWCATCD 15, a lot owner sought an order from the Tribunal for the Owners Corporation to carry out work to a common property wall and its enclosed pipework to prevent or reduce noise...
by Chris | Jul 25, 2022 | ACT, Case Review, News & Publications, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
The applicant was an owner of a class A unit who sought to recover the cost of repairing damaged electricity cables leading to his apartment caused by rodents and/ or other pests. The basis for this action against the owners corporation was that the electricity cables...
by Chris | Jul 25, 2022 | ACT, Case Review, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
In this case, water accumulated on the balcony walkway (which was part of common property) and then flowed into unit 13B which effectively destroyed the carpet in that unit. Section 24 of the UTMA (or more precisely section 51 of the old Unit Titles Act) was found to...
by Chris | May 20, 2022 | ACT, Building Defects, Building Defects, By-Laws, Case Review, News & Publications, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
The applicant appealed against the decision in Brudenall v The Owners Corporation of Units Plan No 202 (Unit Titles) [2018] ACAT 113, alleging 10 errors of fact and law. The Appeal Tribunal accepted that the Original Tribunal erred in fact by stating that the word...
by Allison | Jan 22, 2021 | Factsheets, News & Publications, NSW, Rules, Strata Disputes
It is common knowledge that an owners corporation is responsible for the common property in its strata scheme. However, when an owners corporation resolved to replace, rather than repair, the common property roof of one of its buildings the question of the roof ended...