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 Chris | May 20, 2022 | ACT, Building Defects, Building Defects, By-Laws, Case Review, News & Publications, Rules, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
This case followed Brudenall & Ors v Owners Corporation Units Plan No. 202 (Unit Titles) [2016] ACAT 101. By late 2016 the Owners Corporation was intent on undertaking roof repairs on all the class A and class B properties. At the general meeting of 15 November...
by Chris | May 9, 2022 | ACT, Building Defects, Building Defects, Case Review, Levies, Levies, News & Publications, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
Units Plan No 202 contained both class A units and class B units. This case centred around a long-standing and important legislated distinction in the maintenance obligations of the owners of these units. Namely, that the owners of class A units are not responsible...
by Allison | Jul 12, 2021 | By-Laws, Case Review, News & Publications, NSW, Recent News, Strata Disputes
This was considered by the Appeal Panel in the recent case of Mastellone v The Owners-Strata Plan No 87110 [2021] NSWCATAP 188. Background In this case, Ms Mastellone appealed one of the orders made by the Tribunal dismissing her claim for painting the ceilings in the...