Articles & Resources
Case Note ~ NSW Owners Corporation Held Criminally Liable for a Man’s Death Under WHS Duty
Owners Corporations, are you aware of your WHS duties? A recent NSW case highlights the serious risks of neglecting maintenance, leading to a $300,000 fine after a tragic accident.
Case Note ~ Tribunal affirms Maintenance Responsibility for Windows and Doors Opening onto Unit Subsidiaries does not fall to Owners Corporation
ACAT decides who should pay for repairs to doors and windows opening onto annexed unit subsidiaries.
Case Note ~ ACAT Rejects Owner Income Loss Claimed for Delayed Building Rectification
The Tribunal considered whether an AirBnB host could claim damages for lost income for not being able to rent out part of his unit as an AirBnB while waiting seven months for rectification works to be carried out.
Case Note ~ Guest house development approval set aside at Pialligo Estate
The Pialligo Residents Association has successfully had a recent ACT Planning and Land Authority development approval at Pialligo Estate set aside.
Case Note ~ ACAT Grants OC Access Rights to do Balcony Repairs
ACAT ruled that the Owners Corporation (OC) could repair Unit 22's balcony using external scaffolding, despite the owner's refusal. The Tribunal restrained the Unit Owner from interfering with or delaying the repairs.
Case Note ~ Tribunal says no to smoking
Smoke drift from neighbours in two cases before the NSWCAT was determined to be a nuisance and a hazard. In Gisks v The Owners and Pittman v Newport, respondents were ordered to stop smoking on their balconies and to take steps to prevent smoke from drifting into other lots.
Case Note ~ Social Housing Commissioner Driven to Evict Tenant
The Tribunal approved the termination of a residential tenancy agreement following the tenant's violent acts that significantly disturbed neighboring premises, deeming the decision proportionate and not arbitrary.
Case Note ~ Faith Intervenes to Refuse Permission to Keep a Dog
Landlords' refusal to allow a tenant to keep a dog, grounded in their sincere religious belief regarding the animal's cleanliness, was upheld by the tribunal, despite statutory considerations favoring tenants' rights.
Legislation Note ~ Flooring & Entry Fire Door Modifications in Units
This legislation warns that flooring changes in strata units may affect entry fire doors, requiring compliance with standards and responsible modifications for fire safety.
Case Notes ~ Due Care & Skill
In Shields v Natlaw Pty Ltd & Anor [2023] ACAT 44, the Tribunal held that a solicitor isn't required to advise on property risks, such as obtaining an asbestos report. The decision emphasized the buyer's access to information and cleared the solicitor of negligence, focusing on their legal role rather than property-related risks.
Case Notes ~ Strata Flooring By-Laws Deemed Unreasonable
In Mackinnon v Greenway [2020] NSWCATD 28, the NSW Tribunal found strata by-laws requiring 5-star rated flooring to be impractical and declared them "harsh, unconscionable, or oppressive."
Case Notes ~ Defamation in Strata Communities
In READ v GITMAN [2023], a Strata Manager was ordered to pay $35,000 in damages for defaming an EC member. False accusations in emails led to a defamation case, emphasising the consequences of such actions in strata management.
Case Notes ~ Approving Use of Common Property
Explore a recent legal case delving into the boundaries of approving common property usage - Learn how the tribunal's evaluation of minor use and unreasonable interference shaped the outcome.
Case Notes ~ Tenant Compensation for Faulty Appliances and Water Leaks
Discover how tenants were compensated for disrupted living conditions due to faulty appliances and water leaks in a recent residential tenancy case - a closer look at the legal implications of maintaining peaceful enjoyment.
Case Notes ~ The Real Cost of Levy Arrears
Explore the legal intricacies of debt recovery and expenses in strata management through a real case example - 'The Owners – Units Plan No 1447 v Carroll (Civil Dispute) [2022] ACAT 1'. Delving into unpaid levies, interest, and legal costs under Unit Titles (Management) Act 2011.