Velastegui v Chan [2021] NSWCATCD 98

Velastegui v Chan [2021] NSWCATCD 98

Although the applicant did not establish entitlement to most s 232 relief, the Tribunal was satisfied that the strata scheme was not functioning satisfactorily for the purposes of s 237(3)(a), given the stress and unwillingness of a former committee chair to continue, multiple 2-2 deadlocks on significant matters, only one person being appointed to the strata committee, and doubt about the validity of that appointment. Because the problems related to both owners corporation voting and strata committee conduct, an unrestricted appointment of Strata Plus Pty Ltd to exercise all relevant functions was appropriate until the commencement of the next AGM. The parking approval for Lot 1 was...

Jurisdiction
Australia
Judgment Date
06 September 2021
Procedural Posture
Strata Schemes Application Seeking Orders Under Ss 232, 237 and 238 of the Strata Schemes Management Act 2015 (nsw) / Principal Judgment and Final Orders
Outcome
Strata Plus Pty Ltd appointed as strata managing agent; licence granted to the owner of Lot 1 to park the specified vehicle outside the Lot 1 garages; application otherwise dismissed.
Legal Topics
['challenges to Decisions of Strata Committee' 'appointment of Compulsory Strata Managing Agent' 'operation, Administration or Management of Strata Scheme' 'licence to Use Common Property' 'removal From Strata Committee']
['land Law' 'strata Title'] ['challenges to Decisions of Strata Committee' 'appointment of Compulsory Strata Managing Agent' 'operation, Administration or Management of Strata Scheme' 'licence to Use Common Property' 'removal From Strata Committee']

Case Brief

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Procedural Posture

Strata Schemes Application Seeking Orders Under Ss 232, 237 and 238 of the Strata Schemes Management Act 2015 (nsw) / Principal Judgment and Final Orders

Legal Issues

  1. 1 ['Whether resolutions or decisions concerning payment of $2,400, parking approval, financial assistance of $340, common property repairs and reimbursement of $495 should be disturbed under s 232 of the Strata Schemes Management Act 2015 (NSW).' 'Whether the management of the strata scheme was not functioning or not functioning satisfactorily so as to justify appointment of a strata managing agent under s 237 of the Strata Schemes Management Act 2015 (NSW).' 'Whether the first respondent should be removed from the strata committee under s 238 of the Strata Schemes Management Act 2015 (NSW).']

Ratio Decidendi

Although the applicant did not establish entitlement to most s 232 relief, the Tribunal was satisfied that the strata scheme was not functioning satisfactorily for the purposes of s 237(3)(a), given the stress and unwillingness of a former committee chair to continue, multiple 2-2 deadlocks on significant matters, only one person being appointed to the strata committee, and doubt about the validity of that appointment. Because the problems related to both owners corporation voting and strata committee conduct, an unrestricted appointment of Strata Plus Pty Ltd to exercise all relevant functions was appropriate until the commencement of the next AGM. The parking approval for Lot 1 was...

Court Disposition

Strata Plus Pty Ltd appointed as strata managing agent; licence granted to the owner of Lot 1 to park the specified vehicle outside the Lot 1 garages; application otherwise dismissed.

Orders

  • ['An order, under ss 237(1)(a) and 237(2)(a) of the Strata Schemes Management Act 2015, appointing Strata Plus Pty Ltd as strata managing agent, from the date of this order up to the commencement of the next Annual General Meeting of the owners corporation, to exercise all the functions of the owners corporation and...