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My bathroom ceiling is leaking – is it the neighbour above me or the Body Corporate that’s responsible?

My bathroom ceiling is leaking – is it the neighbour above me or the Body Corporate that’s responsible?

by hlsswp | Oct 24, 2024 | Adjudicators Orders

This is a common yet tricky issue that we often see as body corporate managers. In many cases it is not immediately obvious whether a portion of the common property has failed or whether a lot ‘s fixture/fitting has failed, causing the water ingress and subsequent...
Can the Body Corporate fix a burst pipe for which an owner is responsible?

Can the Body Corporate fix a burst pipe for which an owner is responsible?

by hlsswp | Jul 23, 2024 | Adjudicators Orders

In December 2022 the respondents noticed a large water leak on their driveway and called their plumber to check on whether the water leak was their responsibility by commissioning a pressure test of their lot. The respondent’s plumber advised there was no loss of...
One Pet or Two? Can  By-law Limit Pet ownership to just one Pet?

One Pet or Two? Can  By-law Limit Pet ownership to just one Pet?

by hlsswp | May 23, 2024 | Adjudicators Orders

Faithful readers of this publication will be aware the by-laws which attempt to restrict the weight of a pet have been found to be invalid by previous Adjudicators – but what about a by-law which attempts to restrict pet ownership to just one pet? In a case decided in...
Banning Solar Panel Installation in a Body Corporate

Banning Solar Panel Installation in a Body Corporate

by hlsswp | Apr 23, 2024 | Adjudicators Orders

A common misconception is that a body corporate is unable to ban solar panel installation in a scheme due to it being contrary to the “ban the banners” provisions under the Building Act 1975. However, as the below recent case demonstrates, that is not always the case....
Removing a Pet from a Scheme – What is an Unreasonable Amount of Barking.

Removing a Pet from a Scheme – What is an Unreasonable Amount of Barking.

by hlsswp | Mar 25, 2024 | Adjudicators Orders

Readers may have personally experienced the stress associated with hearing a barking dog late or night or every time neighbours pass the dog’s front door within a body corporate. It is hard not to worry about an animal who is perhaps without their human companion for...
To tow or not to tow – should the Committee seek a declaration from the Commissioner’s Office?

To tow or not to tow – should the Committee seek a declaration from the Commissioner’s Office?

by hlsswp | Feb 26, 2024 | Adjudicators Orders

As we know in bodies corporate, the three P’s of constant pain are Pets, Parking and Parties. Whilst legislation to allow a Committee to tow a vehicle (in certain circumstances) has received asset – it is yet to become enforceable law – leaving many Committees...
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