The applicant was an owner of a class A unit who sought to recover the cost of repairing damaged electricity cables leading to his apartment caused by rodents and/ or other pests. The basis for this action against the owners corporation was that the electricity cables were ‘common property’ and consequently the owners corporation:
breached…
Lemmon v Body Corporate Units Plan 37 CS 20829 of 2002 – Small Claims Court of ACT Magistrates Court
In this case, water accumulated on the balcony walkway (which was part of common property) and then flowed into unit 13B which effectively destroyed the carpet in that unit. Section 24 of the UTMA (or more precisely section 51 of the old Unit Titles Act) was found to apply.
It was further found that the owners…
The applicant appealed against the decision in Brudenall v The Owners Corporation of Units Plan No 202 (Unit Titles) [2018] ACAT 113, alleging 10 errors of fact and law.
The Appeal Tribunal accepted that the Original Tribunal erred in fact by stating that the word ‘maintain’ was included in the wording of motion 5, while the…