David John Malcolm and Nancy Roslyn Malcolm v OC SP 81674 [2014] NSWCATCD 130

David John Malcolm and Nancy Roslyn Malcolm v OC SP 81674 [2014] NSWCATCD 130

The resolution adopted by the Owners Corporation regarding parking arrangements was invalid as the special resolution requirements under the Strata Schemes Management Act 1996 were not met, and the new parking arrangements contravened the development consent and applicable planning laws.

Parties
Applicant: David John Malcolm; Applicant: Nancy Roslyn Malcolm; Respondent: Owners Corporation Strata Plan 81674
Jurisdiction
Australia
Judgment Date
04 February 2014
Procedural Posture
Appeal / Decision on Appeal From Order of Adjudicator
Outcome
Appeal upheld. Previous order revoked. Orders issued against Owners Corporation.
Legal Topics
Invalidation of Resolutions, Strata Scheme Management, Compliance With Development Consent, Owners Corporation Powers, Parking Arrangements
Strata Law Administrative Law Planning Law Invalidation of Resolutions Strata Scheme Management Compliance With Development Consent Owners Corporation Powers Parking Arrangements

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Parties

David John Malcolm

Applicant

Nancy Roslyn Malcolm

Applicant

Owners Corporation Strata Plan 81674

Respondent

Procedural Posture

Appeal / Decision on Appeal From Order of Adjudicator

Legal Issues

  1. 1 Whether the resolution of OC SP 81674 regarding parking was valid under Strata Schemes Management Act 1996
  2. 2 Whether the resolution contravened the requirements of the development application approval and Environmental Planning and Assessment Act 1979
  3. 3 Whether the Owners Corporation could lawfully alter parking arrangements without appropriate process

Ratio Decidendi

The resolution adopted by the Owners Corporation regarding parking arrangements was invalid as the special resolution requirements under the Strata Schemes Management Act 1996 were not met, and the new parking arrangements contravened the development consent and applicable planning laws.

Court Disposition

Appeal upheld. Previous order revoked. Orders issued against Owners Corporation.

Orders

  • The order made in SCS 12/64808 is revoked.
  • The resolution recorded in the minutes of an Extraordinary General Meeting of Owners Corporation Strata Plan 81674 held on 7 September 2011 and dated 9 September 2011 is invalidated pursuant to s 153(1) of the Strata Schemes Management Act 1996.