The respondents owned and occupied a ground floor unit and in 2006, were given written permission to plant two trees in their courtyard.
In fact, three trees were planted. These trees flourished and soon began to interfere with the amenity of the unit directly above that owned and occupied by the respondents.
On 11 March 2015, 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,…