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Case Note: Craven & Gilks v The Owners – Units Plan No 2839 (Appeal) [2023] ACAT 4

This case note has been taken from the recently published second-edition of a Guide to ACT Strata Law. A physical copy of the full text can be purchased here.   In this case the owners corporation’s rules required any unit owner who wished to replace carpet in their unit to ensure the replacement material met an acceptable level of…

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Case Note: Cheetham & Ors v The Owners – Units Plan No 503 & Ors (Unit Titles) [2019] ACAT 90

This case note has been taken from the recently published second-edition of a Guide to ACT Strata Law. A physical copy of the full text can be purchased here. 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…

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A Bureaucracy is Required – Property Developers Bill 2023

On Thursday 30 November 2023 the Property Developers Bill 2023 (Bill) was tabled before the Australian Capital Territory Legislative Assembly and referred to the Standing Committee on Planning, Transport, and City Services (Committee). Click here to access the Bill. On Thursday 14 December 2023 the Committee decided to hold an inquiry into the Bill (Inquiry). On Thursday…

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Spedding v The Owners – Units Plan 3941 (Unit Titles) [2022] ACAT 49

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…

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Exemption – Meeting During the Public Health Emergency Declaration Period

On 30 April 2020 sections 3 and 111 of the Unit Titles Legislation Amendment Act 2020 commenced (the remaining provisions of the Unit Titles Legislation Amendment Act 2020 will commence on 1 November 2020) and the Unit Titles (Management) Amendment Regulation 2020 (No 1) commenced. The combined effect of the above is that an owners corporation…

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ACT Case Note: How not to issue a rule infringement notice

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…

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Lacrosse Apartments VCAT Decision – Combustible Cladding and Important Liability Issues for Building Consultants

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…

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Tribunal Decision Regarding The Executive Committee Code Of Conduct In The ACT

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…

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