In a recent financial adjudication, a Body Corporate successfully sought an order against a unit owner for long-standing levy arrears that threatened the scheme’s operational stability. The Adjudicator ruled that owners cannot unilaterally withhold levy payments due to dissatisfaction with management, as this contravenes the Sectional Titles Schemes Management Act.
The outcome compelled the respondent to settle all outstanding contributions and interest, reinforcing the principle that timely levy payments are a fundamental statutory obligation for all members. March 16, 2024 – CSOS Adjudication Orders
A dispute involving the keeping of a pet was brought before the Ombud when an owner challenged an Association’s refusal to grant permission for a domestic animal. The Adjudicator examined whether the scheme’s restrictive pet policy was applied reasonably or if it constituted an unfair limitation on the owner’s rights.
The final order emphasized that while schemes may regulate pets, any refusal must be based on objective evidence of a nuisance rather than a blanket prohibition, often resulting in conditional approval for the pet. March 16, 2024 – CSOS Adjudication Orders
This case addressed persistent noise disturbances within a residential complex that interfered with the “peaceful occupation” of neighboring residents. The complainant provided evidence of frequent late-night disruptions, which the Adjudicator found to be a breach of the scheme’s conduct rules regarding behavioral nuisance.
The ruling ordered the respondent to cease the disruptive activities immediately and warned that failure to comply would result in further legal sanctions through the High Court.
March 15, 2024 – CSOS Adjudication Orders
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