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This is general information and should not be considered to be legal advice. You should obtain legal advice specific to your individual situation.
Author: Christopher Kerin
https://kerinstratalawyers.com.au/wp-content/uploads/2025/06/Building-Sites-Next-Door-to-Strata-Title-Buildings.mp4
This is general information and should not be considered to be legal advice. You should obtain legal advice specific to your individual situation.
Author: Christopher Kerin
This case note has been taken from the recently published second-edition of a Guide to ACT Strata Law. A physical copy of the full text can be purchased here.
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…
On 10 December 2019, the Building and Construction Legislation Amendment Act 2019 amended the Construction Occupations (Licensing) Act 2004 (COLA) among other things to allow for rectification orders to be made in relation to directors of licensed corporations.
The amendments included new sections 39A and 39B. Section 39A allows the Registrar to make a rectification order…
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.…
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…
In response to a substantial increase in the number of formal complaints about building matters since 2010, the new Building and Construction Legislation Amendment Act 2020 introduced a new dispute resolution scheme in the ACT for residential building disputes by inserting a new part 6A into the Building Act (the Scheme). Please note that while…
The applicant appealed against the decision in Brudenall v The Owners Corporation of Units Plan No 202 (Unit Titles) [2018] ACAT 113, alleging 10 errors of fact and law.
The Appeal Tribunal accepted that the Original Tribunal erred in fact by stating that the word ‘maintain’ was included in the wording of motion 5, while the…
This case followed Brudenall & Ors v Owners Corporation Units Plan No. 202 (Unit Titles) [2016] ACAT 101. By late 2016 the Owners Corporation was intent on undertaking roof repairs on all the class A and class B properties. At the general meeting of 15 November 2016, the Owners Corporation passed a resolution to replace…
The applicant was one of the two registered owners of unit 1 in a unit titled complex owned by the respondent corporation. The applicant sought a merits review under section 129(1)(f) of the UTMA of two resolutions (motions 2 and 7) passed at its 2017 AGM. Motion 7 effectively sought the re-appointment of the strata…