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 applicant, Antico Holdings Pty Ltd, sought to amend the Crown Lease Purpose Clause for a property to allow an “Indoor recreation facility LIMITED to a gym/fitness centre” to operate in units owned by the applicant.
Only one owner, Mr Lewis, ultimately opposed this variation. Section 166 of the Unit Titles Act 2001 (ACT) (as it…
Mr Butt commenced ACAT proceedings against the owners corporation requesting that ACAT set aside a resolution made by the owners corporation approving a specified sinking fund contribution on the grounds that the resolution was not in compliance with the requirements of the Unit Titles (Management) Act 2011 (ACT).
Mr Butt first argued that there was no…
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…
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…
The applicants are the owners of three units in a block of six. The respondents are the owners corporation and the owners of three other units with a combined voting entitlement of 50.5%.
The applicants sought the repeal or amendment of an ordinary resolution which amended the Sinking Fund Plan to enable a list of proposed…
The applicant in these proceedings owned and resided in unit 13 of Units Plan 706 which is located on the side of a hill and consists of 13 townhouses each with its own driveway and garage. As Unit 13 is situated towards the bottom of that hill, when it rains heavily water runs down the…
The applicant was the owner and occupier of unit 3 in Units Plan 2292. In May 2013, the applicant notified the owners corporation of water ingress into the unit from the balcony, which was caused by inadequate waterproofing in the external wall (which formed common property). The water ingress also caused rot to the unit’s…
The applicant is the owner of a unit in Units Plan 10. In August 2014, the property manager of the applicant notified the respondent of a leak outside the kitchen of the applicant’s unit. The respondent then engaged plumbers to investigate the problem to remedy it and it appears that the problem on the common…
The applicants are unit owners in the respondent’s strata complex consisting of 88 class A units, 84 of which have an entry way comprising a floor to ceiling combined window/door (the window/door). On the upper levels the window/door opens onto a balcony, and on the lower levels it opens onto a small porch that in…
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…