This application was for review of a decision by the respondent on 22 March 2019 to make a rectification order pursuant to section 38 of the Construction Occupations (Licensing) Act 2004 (COLA) requiring the applicant to take certain stated actions to rectify building work done at premises in Bruce, ACT (premises).
The applicant raised a threshold…
The plaintiff was the owner of an apartment spanning part of the top two floors of the Nishi Residential Building. At various intervals throughout the day and night, the plaintiff argued that the expansion and contraction of the roof and walls of the building created a noise in her apartment at an unacceptable level which…
On 30 April 2020, sections 3 and 111 of the Unit Titles Legislation Amendment Act 2020 and the Unit Titles (Management) Amendment Regulation 2020 (No 1) commenced. The combined effect of the above is that an owners corporation and the executive committee of an owners corporation are exempt from any requirement in the Unit Titles…
The respondent was the owner of a unit and the applicant was the owners corporation of the units plan. The respondent owed a debt of $18,472.31 in levy arrears.
The applicant took steps to recover the debt and subsequently, levy recovery proceedings were commenced in ACAT. The applicant claimed an amount comprising: (a) levies; (b) legal…
The applicants were the owners of a unit in Units Plan 3488. One morning when the applicants were not present in the unit, a hose connected to the mains in the toilet cistern broke and water flowed out of the cistern into the apartment and into the common property in the hallway. There was consequent…
On 30 April 2020 sections 3 and 111 of the Unit Titles Legislation Amendment Act 2020 commenced (the remaining provisions of the Unit Titles Legislation Amendment Act 2020 will commence on 1 November 2020) and the Unit Titles (Management) Amendment Regulation 2020 (No 1) commenced.
The combined effect of the above is that an owners corporation…
Local ACT Builder Banyan Constructions Pty Ltd, was put into liquidation on 20 January 2020. This is likely to have significant repercussions for the owners of residential units built by Banyan Constructions in the last 5 years.
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CORBY v THE OWNERS CORPORATION – UNITS PLAN NO 1035 (Unit Titles) [2019] ACAT 45
ACT CIVIL & ADMINISTRATIVE TRIBUNAL
Member: Senior Member R Orr QC
Date of Decision/ Orders: 8 May 2019
FACTS
On 11 April 2018 the executive committee for the owners corporation of Units Plan No 1035 (the Respondent) convened a meeting to discuss the lack of visitor car…
On 22 May 2019, Christopher Kerin appeared before the ACT Parliamentary Inquiry Into Building Quality in the ACT and detailed the challenges facing apartment owners in the ACT as well as what needs to change to provide more consumer protection to apartment owners. Watch Christopher’s
On 28 February 2019 His Honour Judge Woodward delivered his judgement which is the first major decision in Australia regarding the liability of building industry entities involved in the design and construction of a building with combustible cladding. The subject of the judgement was a fire which took place in November 2014 at the Lacrosse…