Thompson v SP31007: Exclusive use indemnity clause
The Appeal Panel held that a lot owner could not recover compensation for rooftop structures damaged during roof membrane replacement works. An exclusive use by-law requiring the owner to indemnify the owners corporation extended to damage caused while necessary common property repairs were carried out.
Colman v SP61131: s 106(5) damages & mitigation
The Supreme Court considered whether terrace waterproofing and tiling works carried out without prior approval could later be treated as authorised under a by-law or attract compensation. The Court dismissed the appeal and confirmed important limits on retrospective approval and compensation claims.
GS & CS v SP63227: unreasonable refusal & prior consent
Appeal Panel decision concerning the need for the prior written consent of all benefited lot owners to change a common property rights by-law before the owners corporation can be deemed to have unreasonably refused to change the by-law.
Liu & SP91684: indemnity clauses, fob deactivation and severability
Appeal Panel decision regarding the validity of by-law clauses for indemnity, levy debt recovery of indemnity entitlements, severing invalid clauses and fob deactivation.