By way of two debt applications, the applicant community title corporation (the applicant) sought the recovery of unpaid levies and associated collection expenses owed by the respondent lot owners pursuant to section 37 of the Community Titles Act 2001 (CT Act). The respondents did not contest that they owed the levies, but argued that some…
Units Plan No 202 contained both class A units and class B units. This case centred around a long-standing and important legislated distinction in the maintenance obligations of the owners of these units. Namely, that the owners of class A units are not responsible for the maintenance of the exterior of their units (such as…
On 29 November 2018, a new motion was put forward by the owners corporation which replicated the motion in issue in the 2018 case. This new motion, again, failed to be passed by an unopposed resolution. As a consequence, the owners corporation commenced another proceeding, seeking an order pursuant to section 129(1)(g) of the UTMA…
The respondent is the owners corporation for mixed-use premises of 10 commercial units and 69 residential units. The applicant is the owner of one of the commercial units. At the 2018 general meeting held on 13 June 2018, a resolution was passed by 13 votes in favour and 1 against, the relevant part of which…
The respondent was the owner of unit 2 and the applicant the owners corporation. The total claimed was: (a) balance of levies owed ($602.93); (b) ACAT filing fee; (c) legal expenses for preparation of and attendance at the hearing and the mediation; and (d) witness expenses.
The respondent argued that the legal and administrative expenses were…
A number of owners signed a petition to the strata manager of an owners corporation requesting the executive committee call a general meeting to consider a motion to remove all the existing executive committee members and appoint new members.
The strata manager sent a copy of the petition to the executive committee and called a general…
As many of you would know, on Friday 8 December 2017, the Kerin Benson Lawyers Guide to ACT Strata Law was launched by Caroline Le Couteur MLA and Gary Petherbridge. For those who have not yet had an opportunity to buy the book, you can do so by clicking here.
On 2 August 2017, the ACT Civil and Administrative Tribunal (ACAT) handed down its decision In the Matter of Ruling Tribunal, section 31 of the Unit Titles (Management) Act 2011 (Civil Dispute) [2017] ACAT 56. This is a long awaited decision which indicates what expenses an owners corporations can recover after suing a lot owner…
From 15 December 2016 the civil dispute jurisdiction of the ACT Civil and Administrative Tribunal (ACAT) has increased from $10,000 to $25,000. This means that owners corporations seeking debt recovery of up to $25,000 may proceed in ACAT rather than in the ACT Magistrates Court, unless a request is made by either party to proceedings to…
The following article provides an update on our article published 21 March 2016 titled ‘ACT Case note: Recovering costs in levy recovery matters’. In The Owners – 840 v Richardson [2015] ACAT 77 Member Daniels determined that awarding legal costs in levy recovery proceedings was contrary to the provisions in the ACT Civil and Administrative Tribunal…