The Owners - Strata Plan No. 568 v Levitin; Levitin v The Owners - Strata Plan No. 568 [2021] NSWCATCD 65

The Owners - Strata Plan No. 568 v Levitin; Levitin v The Owners - Strata Plan No. 568 [2021] NSWCATCD 65

The Tribunal found that the owners corporation unreasonably refused to make the common property rights by-law, as the works did not extensively alter common property nor create significant risk, and the refusal was not supported by objective evidence, but animosity and unsubstantiated concerns. The application for the appointment of a compulsory strata manager was dismissed as the owners corporation was functioning adequately despite disputes.

Jurisdiction
Australia
Judgment Date
08 February 2021
Procedural Posture
Strata Scheme Dispute / Final Orders and Reasons
Outcome
By-law prescribed and to be registered; applications for restoration of common property and compulsory strata manager dismissed; costs application may be made within 14 days.
Legal Topics
['strata Title' 'common Property Rights by Law' 'compulsory Appointment of Strata Manager']
['land Law' 'strata'] ['strata Title' 'common Property Rights by Law' 'compulsory Appointment of Strata Manager']

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Procedural Posture

Strata Scheme Dispute / Final Orders and Reasons

Legal Issues

  1. 1 ['Whether the owners corporation unreasonably refused to make a common property rights by-law granting retrospective approval to internal renovations affecting common property' 'Whether the Tribunal should appoint a compulsory strata manager']

Ratio Decidendi

The Tribunal found that the owners corporation unreasonably refused to make the common property rights by-law, as the works did not extensively alter common property nor create significant risk, and the refusal was not supported by objective evidence, but animosity and unsubstantiated concerns. The application for the appointment of a compulsory strata manager was dismissed as the owners corporation was functioning adequately despite disputes.

Court Disposition

By-law prescribed and to be registered; applications for restoration of common property and compulsory strata manager dismissed; costs application may be made within 14 days.

Orders

  • ["The Tribunal prescribes the making of a by-law in the terms set out in Motion 17 and 'Special By-law 4' in the notice of the annual general meeting of The Owners-Strata Plan No 568 which occurred on 29 October 2019." 'The Owners-Strata Plan No 568 are to forthwith do all acts and things necessary to register the...