Melani v The Owners Strata Plan No 22214 [2017] NSWCATCD 73

Melani v The Owners Strata Plan No 22214 [2017] NSWCATCD 73

The dropped ceiling was in place when the strata plan was registered; therefore, under s 5(2)(a)(ii) of the Strata Schemes (Freehold Development) Act 1973, the under surface of that dropped ceiling is the upper boundary of Lot 13, making the dropped ceiling and space above common property. As its removal was not approved by the Owners Corporation in accordance with the relevant legislative requirements, the Adjudicator's orders should be affirmed subject to varied timeframes for compliance.

Parties
Applicant: Annamaria Melani; Respondent: The Owners Strata Plan No 22214
Jurisdiction
Australia
Judgment Date
19 September 2017
Procedural Posture
Appeal / Final Decision
Outcome
Appeal dismissed; Adjudicator's orders varied as to dates for compliance.
Legal Topics
Appeal From Adjudicator, Definition of Lot, Common Property, Strata Schemes
Strata Title Property Law Appeal From Adjudicator Definition of Lot Common Property Strata Schemes

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Parties

Annamaria Melani

Applicant

The Owners Strata Plan No 22214

Respondent

Procedural Posture

Appeal / Final Decision

Legal Issues

  1. 1 Whether the dropped ceiling within Lot 13 is part of the common property or part of the lot under strata law
  2. 2 Whether the orders of the Strata Adjudicator should be confirmed, varied or set aside

Ratio Decidendi

The dropped ceiling was in place when the strata plan was registered; therefore, under s 5(2)(a)(ii) of the Strata Schemes (Freehold Development) Act 1973, the under surface of that dropped ceiling is the upper boundary of Lot 13, making the dropped ceiling and space above common property. As its removal was not approved by the Owners Corporation in accordance with the relevant legislative requirements, the Adjudicator's orders should be affirmed subject to varied timeframes for compliance.

Court Disposition

Appeal dismissed; Adjudicator's orders varied as to dates for compliance.

Orders

  • The owner of Lot 13 must, on or before 23 October 2017, seek from the Owners Corporation SP 22214 consent to the removal and replacement of the common property ceiling in Lot 13, providing full details including evidence of Council consent and compliance with fire safety conditions.
  • The Owners Corporation SP 22214 must, on or before 20 November 2017, convene a special meeting of the Owners Corporation to consider the ceiling application.