Strata titles - Duties of strata manager pre- and post-commencement of major amendments to Strata Titles Act 1985 (WA) - Whether volunteer strata manager during transitional period - Utility in order that respondent refrain from applying to be strata manager THE OWNERS OF 244 FLINDERS ST. MT. YOKINE STRATA PLAN 2724 and PERERA [2022] WASAT 64 (01 August 2022)
LAND LAW - Strata titles - application for the appointment of a compulsory strata manager under s 237 of the Strata Titles Management Act 2015 (NSW) (SMA) - alleged failure by the owners corporation to comply with consent orders made in earlier proceedings in respect of rectification work to be done for the benefit of a lot owner, including to raise special levies - alleged breach by the owners corporation of s 106 [...]
Owners Corporation Act (OC Act): recovery of levies by owners corporation (OC) for misappropriations of levies by manager and additional misappropriations by another intermediary. Forensic reconstruction of financial records 2015 to 2019 due to no records delivered up by manager and due to levies being paid by the intermediary to the OC manager in lump sums, without attribution to individual lots. Fee Notices ultimately issued for recovery of substantial deficiencies [...]
Body Corporate Manager - Appointment and Delegation APPEAL – Strata schemes – claim for appointment of compulsory strata manager resulting from breaches by owners corporation in the administration of a strata scheme – whether Tribunal erred in its discretion to decline to appoint compulsory strata manager. Ghosn v The Owners - Strata Plan No 87837 [2022] NSWCATAP 175 (26 May 2022)
Strata titles - Preliminary question - Whether volunteer agreement for respondent to act as strata manager inferred by conduct of other owners - Whether such agreement properly terminated THE OWNERS OF 49 BORANUP AVENUE CLARKSON STRATA SCHEME 63047 and POPAL[2022] WASAT 14 (21February 2022)
LAND LAW — Strata schemes — Appointment of compulsory strata manager — Whether grounds for compulsory appointment established Maple v The Owners - Strata Plan No. 8950 [2021] NSWCATCD 108 (19 November 2021)
APPEALS - Standing of lot owners to bring appeal on behalf of Owners Corporation where strata manager appointed by Tribunal with plenary powers The Owners - Strata Plan 2010 v Kahn [2022] NSWCATAP 9 (13 January 2022)
Manager- appointed as ‘caretaker’ after contract of appointment was terminated- whether an informal re-appointment as manager- whether respondent’s conduct amounted to a breach of duties- Owners Corporations Act 2006, ss119, 122(1). O'Brien v Proficient Management Pty Ltd (Owners Corporation) [2021] VCAT 1305 (4 November 2021)
APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHERE APPEAL LIES – ERROR OF LAW – where appeal from Adjudicator’s decision only on a question of law –– where the lot owners passed motion 14 to adopt a new Caretaker’s at an Annual General Meeting – where application brought to challenge the validity of the motion – where the adjudicator declared a vote taken [...]
APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – ERROR OF LAW – where s 289(2) of the Body Corporate and Community Management Act 1997 (Qld) allows a person aggrieved by an Adjudicator’s order to appeal on a question of law to the Queensland Civil and Administrative Tribunal – what is error of law – whether there was an error of [...]
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