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Colman v The Owners – Strata Plan 61131 [2025] NSWSC 63 (20 February 2025) LAND LAW – Strata title – Construction of poorly drafted by-law – Heading of by-law at least part of context in which terms to be construed whether or not part of by-law and whether or not by-law regarded legislative in character – By-law in question does not encompass approval of relevant works – By-law could not [...]

Member Content2025-05-27T17:41:07+10:00

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Choi v The Owners Strata Plan No 53482 [2024] NSWCATAP 233 (19 November 2024) LAND LAW - strata title - common property rights by-law - unreasonable refusal - s 149(1)(b) Strata Schemes Management Act 2015 (NSW) Download Case PDF

Member Content2024-12-09T14:28:35+10:00

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Sections 14, 48, 52, 53, 138, 139, 140, 152, 153 & 155, Owners Corporations Act 2006 – s 79, Planning and Environment Act 1987 – Dunn v Owners Corporation 446158A (Owners Corporations) [2017] VCAT 1893 - Martin & Ors v Owners Corporation 431576 (Civil Claims) [2009] VCAT 2699 (18 December 2009) -Dundas Terrace Pty Ltd v Owners Corporation PS5341300K (Owners Corporations) [2019] VCAT 571 (17 April 2019) - Towie v [...]

Member Content2024-06-28T11:58:20+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 Content2024-06-28T12:01:18+10:00

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LAND LAW – Strata schemes – Proposed work by lot owner to common property – Whether owners corporation unreasonably refused to consent Camilleri v The Owners - Strata Plan No. 4987 [2023] NSWCATCD 99 (1 August 2023)

Member Content2024-06-28T12:39:06+10:00

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APPEALS - Standing of lot owners to bring appeal on behalf of Owners Corporation where strata manager appointed by Tribunal with plenary power LAND LAW – Strata title - Owners Corporation – application for installation of air-conditioning condenser unit– whether proposed works unreasonably refused – whether non-compliant with by-law Noela Hunt v The Owners Strata Plan No 1158 84199 Brian and Cheryl Hunt v The Owners Strata Plan No 1158 [...]

Member Content2024-06-28T12:48:57+10:00

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LAND LAW - Strata title - whether proposed common property rights by-law unreasonably refused LAND LAW – Strata title – whether lot owners made an unauthorised addition to common property requiring a special resolution The Owners Strata Plan No. 10717 v Mantell; Mantell v The Owners Strata Plan No. 10717 [2023] NSWCATCD 93 (15 August 2023)

Member Content2024-06-28T12:49:23+10:00

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LAND LAW – strata title – common property – lot owners not to unilaterally conduct work on common property – orders to restore common property to pre-existing condition – impossibility of complying with part of order – order varied Kendal v Mackay [2021] NSWCATAP 309 (07 October 2021)

Member Content2023-04-12T08:46:03+10:00

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LAND LAW – strata title – common property – common property rights by-law – whether unreasonable refusal to consent Bruce v Knight [2021] NSWCATAP 224 (23 July 2021)

Member Content2023-04-12T08:53:24+10:00
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