The respondents are owners of a unit and members of the applicant owners corporation. The applicant applied to the Tribunal for orders in relation to a range of unapproved alterations the respondents had made without the consent of the executive committee in contravention of Article 4(1) of the Articles of the Units Plan. At the…
The applicant sought an order from ACAT that the owners corporation issue a rule infringement notice for various alleged breaches of House Rules and rules of the owners corporation.
In response, ACAT held that there is no general power in section 129 of the UTMA to order the executive committee or the owners corporation to exercise…
The owners corporation appealed a number of aspects of the original decision. The appeal was dealt with as a review under section 82(b) of the ACAT Act and the owners corporation needed to establish an error of fact or law in the original decision in order to succeed. The exercise of some of the powers…
The applicant is the Owners Units Plan No. 14 and the respondent is Mr Wright from Unit 2.
Since 2009 the owners had been trying to stop Mr Wright from using the common car park to store cars and car parts in ways which annoyed and inconvenienced other owners. The owners were also at times concerned,…
This matter concerns a residential property at Lyneham, ACT where the applicant was the executive committee and the respondent an owner of unit 29.
Around February 2019 a complaint was received by the executive committee about caravans/campers/boats parked in driveways at the property. The complaint stated that driveways are available for the use provided any parked…
The proxy form used by an owners corporation for their Annual General Meeting provided that:
“I/WE HEREBY APPOINT [must be a Unit Owner in UP 2737] OR failing him/her, the CHAIRPERSON to act as my/our PROXY at the Annual General Meeting of the Owners – Units Plan 2737 to be held on 16 August 2010 or…
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.