Laws v The Owners – Strata Plan 97230 [2022] NSWCATCD 131

Laws v The Owners – Strata Plan 97230 [2022] NSWCATCD 131

The Owners Corporation's refusal to make the proposed common property rights by-law was unreasonable because the refusing owners did not take into account the benefits of the proposal to Ms Laws, at least some owners decided without considering all material, owners were invited to state positions before the meeting, and the refusing owners voted by pre-poll leaving no opportunity for discussion. The Tribunal was satisfied it should prescribe the by-law because visual, fire, insurance and by-law protection concerns did not justify refusal and the panels were sustainability infrastructure. The allegations against Mr Leis, even if proven, did not establish failure to exercise due care and...

Jurisdiction
Australia
Judgment Date
11 August 2022
Procedural Posture
Strata Schemes Application Concerning Removal of a Strata Committee Member and Prescription of a Common Property Rights by Law for Solar Panels / Principal Judgment
Outcome
Application to remove Mr Leis dismissed; application concerning the common property rights by-law granted.
Legal Topics
['common Property Rights by Law' 'sustainability Infrastructure' 'solar Panels on Common Property' 'removal From Strata Committee' 'unreasonable Refusal by Owners Corporation']
['strata Schemes' 'consumer and Commercial Law'] ['common Property Rights by Law' 'sustainability Infrastructure' 'solar Panels on Common Property' 'removal From Strata Committee' 'unreasonable Refusal by Owners Corporation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Strata Schemes Application Concerning Removal of a Strata Committee Member and Prescription of a Common Property Rights by Law for Solar Panels / Principal Judgment

Legal Issues

  1. 1 ['Whether the Owners Corporation unreasonably refused to make a common property rights by-law permitting installation of solar panels on common property.' 'Whether Mr Leis should be removed from his position on the strata committee.']

Ratio Decidendi

The Owners Corporation's refusal to make the proposed common property rights by-law was unreasonable because the refusing owners did not take into account the benefits of the proposal to Ms Laws, at least some owners decided without considering all material, owners were invited to state positions before the meeting, and the refusing owners voted by pre-poll leaving no opportunity for discussion. The Tribunal was satisfied it should prescribe the by-law because visual, fire, insurance and by-law protection concerns did not justify refusal and the panels were sustainability infrastructure. The allegations against Mr Leis, even if proven, did not establish failure to exercise due care and...

Court Disposition

Application to remove Mr Leis dismissed; application concerning the common property rights by-law granted.

Orders

  • ['The application to remove Mr Leis from his position on the strata committee is dismissed.' 'Pursuant to s 149 of the Strata Schemes Management Act 2015 the Tribunal prescribes the making a common property rights by-law in and to the effect of the by-law referred to in motion 14 in the minutes of the annual general...