Lopez v The Owners - Strata Plan No 54321 [2023] NSWCATCD 58
The applicant failed to establish non-compliance with the SSMA or relevant regulations for the strata committee meeting and sought a by-law inconsistent with the statutory scheme; evidence did not satisfy the criteria for compulsory appointment of a strata manager, so all portions of the claim were dismissed.
- Jurisdiction
- Australia
- Judgment Date
- 06 June 2023
- Procedural Posture
- Application / Final Decision
- Outcome
- Application dismissed
- Legal Topics
- ['strata Title' 'resolution of Disputes' 'meetings of Owners Corporation' 'compulsory Strata Managing Agent' 'invalidation of Resolution']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application / Final Decision
Legal Issues
- 1 ['Whether the strata committee meeting held on 23 June 2022 was compliant with provisions of the Strata Schemes Management Act 2015 (SSMA) and the Strata Schemes Management Regulation 2016 (NSW)' 'Whether the applicant is entitled to an order approving Inclusive Operational Rules as by-laws for Strata Plan 54321 under SSMA s232' 'Whether a compulsory strata managing agent should be appointed under s237 SSMA']
Ratio Decidendi
The applicant failed to establish non-compliance with the SSMA or relevant regulations for the strata committee meeting and sought a by-law inconsistent with the statutory scheme; evidence did not satisfy the criteria for compulsory appointment of a strata manager, so all portions of the claim were dismissed.
Court Disposition
Application dismissed
Orders
- ['The application is dismissed.']
Full Case Text
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