These cases involved a large residential apartment complex in Bruce called Elara Apartments which suffered from significant building defects. Elara Apartments was constructed by B & T Constructions (ACT) Pty Ltd (the Builder). Initially the owners corporation commenced ACT Supreme Court proceedings against the Builder claiming numerous breaches of statutory warranties under the Building Act.
After…
Benjamin John Davies and Prue Davies (the applicants) signed an ACT Home Building Contract on 2 March 2014 with Capital Homes Pty Ltd (the respondent) to build a home at Coombs, ACT. On 7 March 2015, the applicants notified the respondent of defects in an area described in the floor plan as the “alfresco” area.…
This ACT Supreme Court decision involved a lot owner who tripped and fell on the edge of a path which was located in an area for which the owners corporation was responsible. He wished to claim against the public liability insurance of the owners corporation to compensate him for his injury.
The key issue in this…
This matter relates to a units plan development consisting of two townhouses. The owners of the two units brought this claim in their capacity as the owners corporation against the respondent, Civium Property Group Pty Ltd (Civium), who they incorrectly thought was the developer of the units plan but was the managing agent for the…
Units Plan No 346 consists of 16 Class B residential units and common property. The applicants are unit owners of three of the 16 units, collectively holding 17.88% of the total unit entitlement. At its reduced quorum annual general meeting on 14 January 2019 (the AGM), the owners corporation elected two persons to its executive…
The air conditioning system in the unit owned by the applicant was not operating. While the owners corporation acknowledged that it would usually be responsible for the repair and maintenance of the air-conditioning unit, in this instance the owners corporation refused to repair the air conditioning unit as it believed that damage had been caused…
The applicant was an occupier of a unit and claimed he had a bike stolen from the common property area under the control and management of the respondent.
The applicant claimed he locked his bike on the bike stand located on the common property because he was unable to secure his bike in the locked cage…
The apartment building contained building defects. The applicant was the owner of a unit in that building (the Unit). As part of the process of identifying the defects, investigating the cause and engaging in a collaborative repair process with the original builder, the owners corporation had arranged for several inspections of both common and lot…
The applicant was an owner of a class A unit who sought to recover the cost of repairing damaged electricity cables leading to his apartment caused by rodents and/ or other pests. The basis for this action against the owners corporation was that the electricity cables were ‘common property’ and consequently the owners corporation:
breached…
Lemmon v Body Corporate Units Plan 37 CS 20829 of 2002 – Small Claims Court of ACT Magistrates Court
In this case, water accumulated on the balcony walkway (which was part of common property) and then flowed into unit 13B which effectively destroyed the carpet in that unit. Section 24 of the UTMA (or more precisely section 51 of the old Unit Titles Act) was found to apply.
It was further found that the owners…
The respondents owned and occupied a ground floor unit and in 2006, were given written permission to plant two trees in their courtyard.
In fact, three trees were planted. These trees flourished and soon began to interfere with the amenity of the unit directly above that owned and occupied by the respondents.
On 11 March 2015, the…
A unit owner sought, among other orders, an urgent order to stay the removal of a eucalyptus tree and required remedial measures be taken to retain the tree.
The executive committee had authorised the removal of the tree (i.e. the facts are the reverse of those in the case of May).
The arguments centred on the risk…