De Beck v The Owners – Strata Plan No 30468 [2024] NSWCATCD 11

De Beck v The Owners – Strata Plan No 30468 [2024] NSWCATCD 11

The Tribunal was satisfied that the management of the strata scheme was not functioning satisfactorily because significant water penetration and roof repair issues had not been diligently addressed, repairs to the male and female common property toilets had remained unresolved for months, an unauthorised bollard on common property had not been dealt with for years despite causing disharmony, and the owners corporation had failed to prepare a 10 year capital works plan required by s 80. Those matters justified appointment of a strata managing agent under s 237 to exercise all functions of the owners corporation for 12 months.

Jurisdiction
Australia
Judgment Date
08 January 2024
Procedural Posture
Application for Appointment of a Strata Managing Agent Under S 237 of the Strata Schemes Management Act 2015 (nsw) / Final Determination After Hearing
Outcome
Application granted; compulsory strata managing agent appointed for 12 months.
Legal Topics
['appointment of Compulsory Strata Managing Agent' 'owners Corporation Management' 'common Property Maintenance and Repair' 'capital Works Plan' 'unauthorised Use of Common Property']
['land Law' 'strata Schemes'] ['appointment of Compulsory Strata Managing Agent' 'owners Corporation Management' 'common Property Maintenance and Repair' 'capital Works Plan' 'unauthorised Use of Common Property']

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Procedural Posture

Application for Appointment of a Strata Managing Agent Under S 237 of the Strata Schemes Management Act 2015 (nsw) / Final Determination After Hearing

Legal Issues

  1. 1 ['Whether the management of Strata Plan No. 30468 was not functioning or not functioning satisfactorily within s 237(3)(a) of the Strata Schemes Management Act 2015 (NSW).' 'Whether the owners corporation had failed to perform duties or comply with statutory requirements, including preparation of a 10 year capital works plan under s 80 of the Strata Schemes Management Act 2015 (NSW).' 'Whether it was appropriate to appoint a strata managing agent to exercise all functions of the owners corporation, and for what period.' 'Whether Brilliant Property Group Pty Ltd was an appropriate strata managing agent to appoint.']

Ratio Decidendi

The Tribunal was satisfied that the management of the strata scheme was not functioning satisfactorily because significant water penetration and roof repair issues had not been diligently addressed, repairs to the male and female common property toilets had remained unresolved for months, an unauthorised bollard on common property had not been dealt with for years despite causing disharmony, and the owners corporation had failed to prepare a 10 year capital works plan required by s 80. Those matters justified appointment of a strata managing agent under s 237 to exercise all functions of the owners corporation for 12 months.

Court Disposition

Application granted; compulsory strata managing agent appointed for 12 months.

Orders

  • ['Order pursuant to s 237(1)(a) of the Strata Schemes Management Act 2015 (NSW) appointing Brilliant Property Group Pty Ltd as strata managing agent to exercise all the functions of the owners corporation of Strata Plan No. 30468 for a period of 12 months from the date of these orders upon the terms and conditions...