Linali Pty Ltd as trustee for the Chakra Family Trust v Body Corporate for Crown CTS 41282 [2024] QCAT 446 (16 October 2024) REAL PROPERTY – STRATA AND RELATED TITLES – MANAGEMENT AND CONTROL – BODY CORPORATE: POWERS, DUTIES, AND LIABILITIES – where applicant and respondent/body corporate were parties to a caretaking agreement and a letting agreement – where body corporate alleged that the applicant failed to comply with its [...]
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – error of law – obligations deriving from legislation and subordinate legislation – division of obligations between principal and subsidiary schemes in a layered arrangement of community titles schemes – responsibility for roofing membranes that are not common property but that provide protection for lots or common property – responsibility for maintaining roofing structures providing protection in a structurally [...]
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” [...]
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 [...]
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 [...]
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)
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