LAND LAW — Strata title — Strata managing agent – where three owner corporations of Finger Wharf development at Woolloomooloo passed resolutions terminating appointment of strata managing agent and appointing new one – where strata managing agent is different to managing agent appointed for Wharf as a whole by building management committee as a result – where clause of strata management statement (“SMS”) required owners’ corporations to “appoint and retain” [...]
LAND LAW---Strata scheme---s 237 Strata Schemes Management Act 2015 (NSW)---Appointment of compulsory strata manager---Where compulsory strata manger already appointed---Whether circumstances justify a further appointment of compulsory strata manager---Whether circumstances justify extension of the existing order. Jones v The Owners - SP 93087 [2023] NSWCATCD 73 (31 July 2023)
LAND LAW — Strata title — Resolution of disputes - Meetings of owners corporation – order sought under s 24 of the Strata Schemes Management Act invalidating resolution of and election held by owners corporation – Strata managing agent — Compulsory appointment of strata managing agent. Lopez v The Owners Strata Plan No 54321 [2023] NSWCATCD 58 (06 June 2023)
REAL PROPERTY – STRATA AND RELATED TITLES – MANAGEMENT AND CONTROL – BODY CORPORATE: POWERS DUTIES AND LIABILITIES – GENERALLY – where Body Corporate asserted a right to terminate a caretaking agreement PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – MOTIONS, INTERLOCUTORY APPLICATIONS AND OTHER PRE-TRIAL MATTERS – OTHER MATTERS - whether interim order restraining Body Corporate from terminating caretaking agreement should be made Body Corporate and Community [...]
REAL PROPERTY – STRATA AND RELATED TITLES – MANAGEMENT AND CONTROL – BODY CORPORATE: POWERS, DUTIES AND LIABILITIES – GENERALLY – where the appellant entered into a 25-year management agreement with an original manager in 2005 – where the agreement contemplated that, with the consent of the appellant, the manager could transfer the business conducted under the agreement – where the respondent was the fourth assignee of the agreement having [...]
REAL PROPERTY – STRATA AND RELATED TITLES – MANAGEMENT AND CONTROL – BODY CORPORATE: POWERS, DUTIES AND LIABILITIES – where certain management and letting agreements entered into with body corporate – whether agreements are valid – whether term of agreements permissible – whether remuneration payable to manager is fair and reasonable, and appropriate for the scheme – whether original owner breached fiduciary duties – whether compensation payable Dream Suburbs Pty [...]
Application for authorising order under S169J – whether special general meeting was properly convened – whether an interim resolution to revoke the appointment of the respondent as manager became final – discretionary considerations, prospects of success – whether there having been no vote upon a special resolution to commence the proceeding is significant – Owners Corporations Act 2006 (Vic) ss 78, 107, 169I and 169J. Hanna v Strata Score Pty [...]
BODY CORPORATE AND COMMUNITY MANAGEMENT – MANAGEMENT AND CONTROL – BODY CORPORATE: POWERS DUTIES AND LIABILITIES – Body Corporate and Community Management Act 1997 – minor civil dispute – exclusive use of an area of common property – costs reasonably incurred by body corporate – recovery of unpaid body corporate debt and debt recovery costs from lot owner – whether debt recovery costs recoverable as a “minor debt” Body Corporate [...]
REAL PROPERTY – STRATA AND RELATED TITLES – MANAGEMENT AND CONTROL – BODY CORPORATE: POWERS, DUTIES AND LIABILITIES – OTHER CASES – where s. 126(1) of the Body Corporate and Community Management Act 1997 (Qld) (“the Act”) provided that a body corporate may terminate a financed contract if the body corporate has given the financier written notice that the body corporate has the right to terminate the contract, circumstances existed when the notice was given under [...]
LAND LAW – strata title – leasehold development scheme under Strata Schemes Development Act 2015 – building subdivision includes part strata parcels – building management committee appoints managing agent – building’s strata management statement and constituent strata scheme by-laws require constituent owners’ corporations to “appoint and retain” building managing agent as strata managing agent for constituent strata schemes – validity – uncertainty – ultra vires – inconsistency with Strata Schemes [...]
Australian College of Strata Lawyers Inc.
PO Box 182, Moorooka.
Queensland 4105 Australia
©2023 Australian College of Strata Lawyers Inc. | All Rights Reserved | Privacy Policy | Another awesome website by Red&Crew
