Body Corporate Archives | Page 9 of 9

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Validity of additional rules made under the Subdivision (Body Corporate) Regulations 2001; application of Interpretation of Legislation Act 1984; Owners Corporation PS 501391P v Balcombe; Owners Corporation RP 3454 v Ainley; and Sulomar v Owners Corporation No 1 PS511700W considered and followed; 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 [...]

Member ContentNina Psaltis2023-04-12T07:09:36+10:00

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APPEALS - Land law - Strata titles - Owners corporation - Duty to repair common property - Whether duty breached - Whether decision fair and equitable Ashlin v The Owners-Strata Plan No 50705 [2021] NSWCATAP 413 (21 December 2021

Member ContentNina Psaltis2023-04-12T07:11:13+10:00

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Strata and community schemes – duty of owners corporation to maintain and repair common property – reinstatement duty in respect of damage to or removal of lot property in course of access to fulfil duty in respect of common property – costs protection for successful lot owners under SSMA ss 90, 92, 104 The Owners - Strata Plan No. 36613 v Doherty; Doherty v The Owners - Strata Plan No. [...]

Member ContentNina Psaltis2023-04-12T07:24:27+10:00

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STRATA TITLES - claim for breach of duty to maintain and keep in good repair the common property - s 106(1) of the Strata Schemes Management Act - whether common property memorandum or bylaw exempted owners corporation from the claim - whether the Tribunal had power under s232 of the SSMA to order the owners corporation to rectify damage to lot owners property - whether breach of s106(1) established -whether [...]

Member ContentNina Psaltis2023-04-12T08:53:50+10:00

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Fee recovery – whether authority delegated to the committee to set fees and levies – sufficiency of applicant’s evidence – Owners Corporations Act 2006s 11. Owners Corporation PS419696X v SCJAR Mandorla Pty Ltd (Owners Corporations) [2021] VCAT 795 (27 July 2021)

Member ContentNina Psaltis2023-04-12T08:55:55+10:00