Cracking up – a Four Corners report that highlights the issues of faced in strata and other high rise buildings featuring our own Christopher Kerin.
CORBY v THE OWNERS CORPORATION – UNITS PLAN NO 1035 (Unit Titles) [2019] ACAT 45
ACT CIVIL & ADMINISTRATIVE TRIBUNAL
Member: Senior Member R Orr QC
Date of Decision/ Orders: 8 May 2019
FACTS
On 11 April 2018 the executive committee for the owners corporation of Units Plan No 1035 (the Respondent) convened a meeting to discuss the lack of visitor car…
On 28 February 2019 His Honour Judge Woodward delivered his judgement which is the first major decision in Australia regarding the liability of building industry entities involved in the design and construction of a building with combustible cladding. The subject of the judgement was a fire which took place in November 2014 at the Lacrosse…
Leonard & Anor v Michie & Ors (Unit Titles) [2019] ACAT 14 is a recent decision by ACAT which was determined on 31 January 2019. It is of interest to strata managers given it is the only decision of any jurisdiction in the ACT which considers allegations of breaches of the executive committee Code of…
In the matter of Cestaro v The Owners – Strata Plan No. 457 NSW Civil and Administrative Tribunal of 12 February 2019 (unreported), it was held that security bars affixed to the external windows of a lot were common property. The lot owner applicant alleged that security bars that they had installed in 2004 and…
Introduction A dispute over the airspace between two balconies in Queensland has provided the most comprehensive authority to date as to what is considered an ‘unreasonable refusal’ by owners corporations for the purposes of granting a common property right. The High Court decision in Ainsworth v Albrecht [2016] HCA 40 (Ainsworth) turned on the exercise…
The Strata Schemes Management Act 2015 (NSW) has brought about many changes. Among the changes is a significant change to how an Owners Corporation or a Strata Committee can obtain legal advice and take legal action. Previously, section 80D of the Strata Schemes Management Act 1996 meant that legal advice or legal action that may have…
With the gale force winds and torrential rain that has been hitting our shores in recent times, this is a quick refresher for owners corporation’s and lot owners on what their respective duties are when common property is damaged. Owners Corporations An owners corporation has a strict duty to maintain and repair the common property.…
What many lot owners don’t realise when they buy into a strata scheme is that in some situations, including in an emergency, an Owners Corporation, can force entry. What does this mean? It means that even though you (or your tenant) may not be home or, if access to your lot is refused, the Owners…
The Uniform Civil Procedure Rules 2005 (NSW) authorise the referral of certain matters in litigated proceedings to an independent referee. The referee’s determination of the referred matters can then be adopted or rejected by the court. The importance of expert evidence and, in particular, the joint report prepared by the experts for the referee, is…