Lam v The Owners – Strata Plan No. 9562;; The Owners – Strata Plan No. 9562 v Lam [2019] NSWCATCD 21

Lam v The Owners – Strata Plan No. 9562;; The Owners – Strata Plan No. 9562 v Lam [2019] NSWCATCD 21

The applicant installed CCTV cameras on common property without the required owners corporation approval, contrary to special by-laws and s.108 of the Strata Schemes Management Act 2015. Her circumstances were not distinguished from previous authorities, and no compelling justification for retrospective approval or appointment of a compulsory strata manager was established.

Parties
Applicant (sc 18/51122); Respondent (sc 19/09755): Angelina Lam; Respondent (sc 18/51122); Applicant (sc 19/09755): The Owners – Strata Plan No. 9562
Jurisdiction
Australia
Judgment Date
30 April 2019
Procedural Posture
Strata/property Dispute / Final Determination Following Hearing
Outcome
Application SC 18/51122 dismissed; Orders made in SC 19/09755 for removal of cameras and repairs at respondent’s cost
Legal Topics
Installation of Surveillance Devices, Alterations to Common Property, By Law Enforcement, Appointment of Compulsory Strata Manager, Retrospective Approval for Works
Strata Law Property Law Residential Tenancies Installation of Surveillance Devices Alterations to Common Property By Law Enforcement Appointment of Compulsory Strata Manager Retrospective Approval for Works

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Parties

Angelina Lam

Applicant (sc 18/51122); Respondent (sc 19/09755)

The Owners – Strata Plan No. 9562

Respondent (sc 18/51122); Applicant (sc 19/09755)

Procedural Posture

Strata/property Dispute / Final Determination Following Hearing

Legal Issues

  1. 1 Whether retrospective approval of installation of CCTV cameras on common property should be granted
  2. 2 Whether a compulsory strata manager should be appointed under s.237 of the Strata Schemes Management Act 2015
  3. 3 Whether the owner breached by-laws and statutory provisions regarding installation of surveillance devices on common property

Ratio Decidendi

The applicant installed CCTV cameras on common property without the required owners corporation approval, contrary to special by-laws and s.108 of the Strata Schemes Management Act 2015. Her circumstances were not distinguished from previous authorities, and no compelling justification for retrospective approval or appointment of a compulsory strata manager was established.

Court Disposition

Application SC 18/51122 dismissed; Orders made in SC 19/09755 for removal of cameras and repairs at respondent’s cost

Orders

  • In SC 18/51122, the application is dismissed.
  • In SC 19/09755, the respondent must within 28 days remove the six CCTV cameras installed around Lot 7 SP 9562 and repair any damage caused by their installation.