Owners Corporation SP 68751 v Community Association DP 270281 [2015] NSWCATCD 99

Owners Corporation SP 68751 v Community Association DP 270281 [2015] NSWCATCD 99

By-law 53 was binding on the applicant as a subsidiary body under the registered Community Management Statement. It was valid because no provision of the Community Land Management Act 1989 or Community Land Development Act 1989 prohibited such a by-law, it was an original by-law sufficiently connected to community association functions, it was not shown to be unreasonable or a fraud on the power, it did not prevent the applicant from managing its strata scheme or appointing a strata manager under the Strata Schemes Management Act 1996, it did not apply to McKenzie Aged Care Group as a community development lot, and it was not shown to be an invalid restraint of trade. The applicant also...

Jurisdiction
Australia
Judgment Date
20 August 2015
Procedural Posture
Application to Revoke or Vary a Provision of a Community Management Statement Under the Community Land Management Act 1989 / Determined on the Papers
Outcome
The application is dismissed.
Legal Topics
['community Management Statement' 'by Law Validity' 'revocation or Variation of by Law' 'managing Agent' 'best Interests of Community Association and Lot Owners' 'restraint of Trade']
['community Title' 'strata Schemes' 'consumer and Commercial Disputes'] ['community Management Statement' 'by Law Validity' 'revocation or Variation of by Law' 'managing Agent' 'best Interests of Community Association and Lot Owners' 'restraint of Trade']

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Procedural Posture

Application to Revoke or Vary a Provision of a Community Management Statement Under the Community Land Management Act 1989 / Determined on the Papers

Legal Issues

  1. 1 ["Who is bound by The Oasis' Community Management Statement and by-laws?" 'Is by-law 53 valid?' 'If by-law 53 is invalid, should it be revoked or varied?' 'Is by-law 53 in the best interests of the members of The Oasis or the proprietors of neighbourhood lots or strata lots within the scheme?' 'If by-law 53 is not in those best interests, should it be revoked or varied?']

Ratio Decidendi

By-law 53 was binding on the applicant as a subsidiary body under the registered Community Management Statement. It was valid because no provision of the Community Land Management Act 1989 or Community Land Development Act 1989 prohibited such a by-law, it was an original by-law sufficiently connected to community association functions, it was not shown to be unreasonable or a fraud on the power, it did not prevent the applicant from managing its strata scheme or appointing a strata manager under the Strata Schemes Management Act 1996, it did not apply to McKenzie Aged Care Group as a community development lot, and it was not shown to be an invalid restraint of trade. The applicant also...

Court Disposition

The application is dismissed.

Orders

  • ['The application is dismissed.']