Body Corporate Archives | Page 7 of 9

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REAL PROPERTY – STRATA AND RELATED TITLES – MANAGEMENT AND CONTROL – BODY CORPORATE: POWERS, DUTIES AND LIABILITIES – DUTY TO REPAIR AND MAINTAIN COMMON PROPERTY – where the applicant is the principal scheme of a layered arrangement of community titles scheme with respect to a multi-storeyed high rise building – where the respondents are subsidiary schemes or members to the principal scheme – where the first and second respondents lodged an adjudication application in relation to a dispute regarding the [...]

Member ContentNina Psaltis2024-06-28T12:53:54+10:00

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Strata titles - Allocation of water usage charges between lot owners where no by-law - Functions of strata company - Levying of contributions by strata company - Unit entitlement - Resolution of scheme dispute - Discretion of Tribunal to make orders GSG HOLDINGS PTY LTD and BOWE [2023] WASAT 68 (31 July 2023)

Member ContentNina Psaltis2024-06-28T12:58:19+10:00

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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 [...]

Member ContentNina Psaltis2024-06-28T13:08:15+10:00

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BODY CORPORATE AND COMMUNITY MANAGEMENT – COMPLEX DISPUTE – JURISDICTION – where original application a complex dispute within s 149Bof the Body Corporate and Community Management Act 1997 (Qld) (BCCMA) – Application to have caretaking Agreement set aside or declared void – declaration – where Tribunal does not have jurisdiction to grant a declaration – extent of the jurisdiction of the Tribunal to “resolve the dispute” under s 149B of the BCCMA – whether “dispute” [...]

Member ContentNina Psaltis2024-06-28T13:33:26+10:00

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Costs – application for appointment of an administrator – fees not levied in accordance with lot liability – after commencement of the proceeding the respondent appointed a manager – costs awarded up to the date of the meeting that adopted the appointment – Owners Corporations Act 2006 (Vic) s 28 – Victorian Civil and Administrative Tribunal Act 1997 (Vic) s 109 Torquay Central Apartments Pty Ltd v Owners Corporation Plan [...]

Member ContentNina Psaltis2023-04-11T17:03:54+10:00

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ADMINISTRATIVE LAW – Appeal of VCAT decision – Owners Corporation dispute – Renovation works by Lot owner – Breaches of OC rules – Consent required for aspects of renovation works – Raised ceiling and removal of internal wall – Laying of balcony tiles –Whether error in findings that OC rules breached – Whether error in ordering remedy – VCAT ordered Lot owner to remedy breaches by restoring condition of Lot [...]

Member ContentNina Psaltis2023-04-11T17:04:10+10:00

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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 [...]

Member ContentNina Psaltis2023-11-07T13:03:35+10:00

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Rules — additional rule prohibiting erection of storage units in accessory lots without consent of owners corporation which shall not be unreasonably withheld — whether a model rule applies also — lot owners installs storage unit without consent — withholding is not unreasonable — whether it is fair not to make, or not to make, an order — Owners Corporations Act 2006 (Vic) ss 162, 165(1), 167. Owners Corporation No. [...]

Member ContentNina Psaltis2023-04-11T18:24:53+10:00

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STRATA SCHEMES MANAGEMENT – obligation of owners corporation to maintain and repair common property – alleged unauthorised works agreed to be common property – liability for later repairs The Owners - Strata Plan No 63607 v Kinsella [2022] NSWCATAP 184 (6 June 2022)

Member ContentNina Psaltis2023-04-11T18:31:06+10:00

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HUMAN RIGHTS – DISCRIMINATION LEGISLATION – where the applicant seeks an exemption from the operation of a specified provision of the Anti-Discrimination Act 1991 (Qld) – whether application brought prematurely – who application brought on behalf of Anti-Discrimination Act 1991 (Qld), s 113 Body Corporate and Community Management Act 1997 (Qld), s 180 Retirement Villages Act 1999 (Qld), s 28A, s 40D Boeing Australia Holdings Pty Ltd and related entities [...]

Member ContentNina Psaltis2023-04-11T19:49:02+10:00