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 [...]
Validity of additional rules made under the Subdivision (Body Corporate) Regulations; whether conduct of the Owners Corporation in purported enforcement of those rules ultra vires; claim for damages for loss and damage caused by the actions of the Owners Corporation. Costs – offer made by applicant pursuant to section 112 of the Victorian Civil and Administrative Tribunal Act; grounds for ordering otherwise than that the party who did not accept [...]
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 - Maintenance and Repair/Powers, Authorities, Duties and Functions - Common Property/Repairs LAND LAW - strata schemes - duty to repair common property - scope of duty - remedial orders - whether excessive The Owners - Strata Plan No 33368 v Gittins [2022] NSWCATAP 130 (2 May 2022)
Owners corporation rules – noise control – rules binding lot owner and lot occupier – applicant moves out of his own apartment because of noise – whether lot owner liable for breach by tenant – no breach by lot owner – breach by lot occupier – damages claimed relate to alternative accommodation – remoteness of damage. Tang v Fossaert (Owners Corporations) [2022] VCAT 323 (24 March 2022)
Water Act. Claim brought by the applicant, the owner of a ground floor unit, in respect of alleged damaging flows of water from the respondent’s balcony to the applicant’s unit. Finding that, in respect of the major area of internal water damage, the applicant failed to establish the liability of the respondent, the cause of the damage being extension works carried out by the applicant. In respect of a separate [...]
Water Act. Claim brought by the applicant, the owner of a ground floor unit, in respect of alleged damaging flows of water from the respondent’s balcony to the applicant’s unit. Finding that, in respect of the major area of internal water damage, the applicant failed to establish the liability of the respondent, the cause of the damage being extension works carried out by the applicant. In respect of a separate [...]
ADMINSTRATIVE LAW – Victorian Civil and Administrative Tribunal decision – Owners Corporation – Liability of parties to repair and maintain services – Whether drains and pipes common property – Plaintiff self-represented – Whether denied natural justice – Application for leave to appeal out of time – Subdivision Act 1988 s 12; Water Act 1989 s 16; Owners Corporation Act 2006 ss 46, 47, 129. PRACTICE AND PROCEDURE – Appeal from [...]
Strata titles - Common property - Resolution for installation of three bike rails and bollard on common property - Whether installation of bike rails and bollard falls within duties of strata company under s 91 of Strata Titles Act 1985 (WA) - Whether resolution invalid due to inconsistency with s 119 of Strata Titles Act 1985 (WA) or Perth Parking Management Act 1999 (WA) SINGH and UNITINGCARE WEST [2022] WASAT 18 (08 March 2022)
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)
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