Knight v The Owners - Strata Plan 208 [2022] NSWCATCD 170

Knight v The Owners - Strata Plan 208 [2022] NSWCATCD 170

The Tribunal found the by-law proposed at the 4 November 2021 meeting (and similarly at 9 December 2021) was unreasonably refused because the opposition was based only on a purported lack of clarity about the area of exclusive use, but the area was clearly shown in the valuation plan attached. The other objections were either not raised at the relevant meeting, were adequately addressed, or lacked a rational basis. Applicants are entitled to an order making the by-law in the terms proposed at the 4 November 2021 meeting under s 149(1) and registration under s 246.

Parties
Applicant: Alexander Knight; Applicant: Cleo Knight; First Respondent: The Owners – Strata Plan 208; Second Respondent: Anthony Bruce; Third Respondent: Liza Rybak; Fourth Respondent: Stephen Nash
Jurisdiction
Australia
Judgment Date
20 July 2022
Procedural Posture
Application for Common Property Rights by Law / Final Orders After Rehearing
Outcome
Orders made for the proposed by-law; owners corporation required to register the by-law; directions for costs submissions given.
Legal Topics
Strata Title, By Laws, Common Property Rights, Unreasonable Refusal of by Law
Land Law Strata Title By Laws Common Property Rights Unreasonable Refusal of by Law

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Parties

Alexander Knight

Applicant

Cleo Knight

Applicant

The Owners – Strata Plan 208

First Respondent

Anthony Bruce

Second Respondent

Liza Rybak

Third Respondent

Stephen Nash

Fourth Respondent

Procedural Posture

Application for Common Property Rights by Law / Final Orders After Rehearing

Legal Issues

  1. 1 Whether the owners corporation unreasonably refused to make a common property rights by-law under s 149 of the Strata Schemes Management Act 2015
  2. 2 Whether the by-law proposed at meetings on 4 November 2021 and 9 December 2021 was unreasonably refused
  3. 3 What is a reasonable basis for refusing a proposed by-law under s 149

Ratio Decidendi

The Tribunal found the by-law proposed at the 4 November 2021 meeting (and similarly at 9 December 2021) was unreasonably refused because the opposition was based only on a purported lack of clarity about the area of exclusive use, but the area was clearly shown in the valuation plan attached. The other objections were either not raised at the relevant meeting, were adequately addressed, or lacked a rational basis. Applicants are entitled to an order making the by-law in the terms proposed at the 4 November 2021 meeting under s 149(1) and registration under s 246.

Court Disposition

Orders made for the proposed by-law; owners corporation required to register the by-law; directions for costs submissions given.

Orders

  • Pursuant to s 149(1) of the Strata Schemes Management Act 2015, the Tribunal makes the common property rights by-law tabled by the applicants at the meeting of the first respondent held on 4 November 2021.
  • Pursuant to s 246 Strata Schemes Management Act 2015, within 28 days the first respondent is to do all things necessary to register that by-law.