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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
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…
A unit owner sought, amongst other orders, an order from ACAT for the removal of a large Brittle Gum from the common property near his premises. When the matter first came before ACAT for directions, it was established that the question of removal of the tree was best pursued in the first instance before the…
On 18 December 2015, the applicant applied to the respondent to damage three different trees by removing them. Tree assessment reports were prepared on 12 January 2016 and tree 1 (being the subject of this decision) was found to be in good health.
On 22 January 2016, a delegate of the respondent refused the application on…
The issue in this case was whether reduced quorum decisions made at an annual general meeting held on 16 December 2021 took effect where the owners corporation gave notice of the reduced quorum decisions to unit owners on 4 January 2022, that is, more than seven calendar days after the meeting.
There was no dispute…
It should be noted that the relevant legislation in place at the time of this judgement is identical to the current sections 136 – 140 of the UTMA except that ACAT has replaced the ACT Magistrates Court as the relevant governing body.
Italian & Continental Bakery Pty Ltd and Ehrensperger Nominees Pty Ltd were the only…
In this case, court proceedings were commenced seeking an order pursuant to section 92(2) of the Unit Titles Act 1970 (ACT) that David Bowditch be appointed an administrator of the owners corporation. The facts were not in any significant dispute and the real issue was whether the circumstances were such as to justify the appointment…
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…
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…