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…
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…
On 29 November 2018, a new motion was put forward by the owners corporation which replicated the motion in issue in the 2018 case. This new motion, again, failed to be passed by an unopposed resolution. As a consequence, the owners corporation commenced another proceeding, seeking an order pursuant to section 129(1)(g) of the UTMA…
The applicant is the owners corporation of Units Plan 3217. The first respondent, AJ Properties Pty Ltd, is the owner of unit 13. The second respondent, Xbox Projects Pty Ltd, is the owner of units 11, 12 and 14. There was a fire which damaged units 11, 12, 13 and 14. The premises were insured…
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…
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…
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…
Owners Corporations pass resolutions at meetings all the time, often unanimously and without controversy. The recent ACT Civil and Administrative Tribunal (ACAT) case of Green & Ors v The Owners – Units Plan No. 199 (Unit Titles) [2014] ACAT 52 highlights the importance of properly conducting and recording meetings at which motions are voted upon.…