Body Corporate Archives | Page 6 of 9

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Strata titles scheme - Scheme dispute - Specified scheme function - Authority of strata manager - Statutory construction - Strata management contract - Authority to perform scheme function - Whether manager authorised to perform a specified scheme function - Functions of council of the strata company - Nature of relationship between strata company and strata manager THE OWNERS OF FOOTPRINTES AT PRESTON BEACH SURVEY STRATA PLAN 52193and LITECH RESORTS PTY LTD [2023] WASAT 111 [...]

Member ContentNina Psaltis2024-06-28T11:40:47+10:00

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Tran-Cong v Owners Corporation RP12053 (Owners Corporations) [2023] VCAT 866 (25 July 2023) Tran-Cong v Owners Corporation RP12053 (Owners Corporations) [2023] VCAT 866 (25 July 2023)

Member ContentNina Psaltis2024-06-28T11:58:59+10:00

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Owners corporation; decision on preliminary issue; Tribunal jurisdiction; Thurin v Krongold [2022] VSCA 226 considered; whether monies paid out by an insurer held on trust for insurer; whether owners corporation had power or duty to impose conditions on release to lot owner of monies paid by insurer. Powell v Owners Corporation 537738Y (Owners Corporations) [2023] VCAT 1006 (29 August 2023)

Member ContentNina Psaltis2024-06-28T11:59:22+10:00

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Application for fee recovery – cross application by lot owner - Owners Corporations Act 2006 - ss 29, 32 & 153 –Victorian Civil and Administrative Tribunal Act 1998 – ss 109, 111, 109 & 115C - Vero Insurance Ltd v The Gombac Group Pty Ltd [2007] VSC 117 Owners Corporation Plan NO. RP00086 v Kokke (Owners Corporations) [2023] VCAT 383 (5 April 2023)

Member ContentNina Psaltis2024-06-28T11:59:42+10:00

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Fee recovery from lot owner – related to common property – for the benefit of land affected by the owners corporation – lack of common property - Owners Corporation Act 2006 (Vic) ss 3, 4, 12, 23, 32, 46 & 47 - Sulomar & Ors v Owners Corporation 1 Plan No. PS511693Q (Civil Claims) [2010] VCAT 600 - Noonan v Owners Corporation No 2 PS 409115E and Anor (Owners Corporation) [...]

Member ContentNina Psaltis2024-06-28T12:00:27+10:00

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Application for fee recovery – Owners Corporations Act 2006 (Vic) ss 3, 29, 31, 32, 78, 165, 200 - Puppa v Walshe and Whitelock Pty Ltd (Owners Corporations) [2019] VCAT 1561 (8 October 2019) – substantial compliance with approved form for fee notices – Interpretation of Legislation Act 1984 s 53 - Rowson v McClure and VCAT [2013] VSC 140 - Owners Corporation Plan No RP001876 v Puppa (Owners Corporations) [...]

Member ContentNina Psaltis2024-06-28T12:00:49+10:00

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Claim that owners corporation has unreasonably withheld consent to a proposed development of a lot, contrary to Model Rule 5.2 of the Owners Corporations Rules in Schedule 2 of the Owners Corporations Regulations 2018; application for appointment of an administrator pursuant to s 173 of the Owners Corporations Act 2006 (Vic) on the grounds that the failure to give such consent, and other matters has rendered the owners corporation unable [...]

Member ContentNina Psaltis2024-06-28T12:01:18+10:00

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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 ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – procedure – appeal – stay pending [...]

Member ContentNina Psaltis2024-06-28T12:36:56+10:00

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Breach of owners corporation’s obligation to repair and maintain common property - measure of damages for breach; mitigation Salib v The Owners – Strata Plan No 20851 [2023] NSWCATCD 48 (12 April 2023)

Member ContentNina Psaltis2024-06-28T12:42:25+10:00

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REAL PROPERTY – STRATA AND RELATED TITLES – MANAGEMENT AND CONTROL – BODY CORPORATE: POWERS, DUTIES AND LIABILITIES – where proceedings for dispute about contractual matter commenced – where trustee a party to the contract – where new trustee appointed – whether applicant a party to the contract – whether chose in action assigned to applicant Body Corporate and Community Management Act 1997 (Qld), s 149B, s 227, Schedule 6 [...]

Member ContentNina Psaltis2024-06-28T12:51:34+10:00