Athens v The Owners - Strata Plan No. 47035

Peta Athens, an owner of a lot in a strata scheme, sought relief from the NSW Civil and Administrative Tribunal regarding the failure of the respondents, the Owners – Strata Plan No. 47035, to maintain and repair the property. The primary issue was the water penetration into the property due to structural defects. This had been a longstanding issue, despite several attempts by the Applicant to resolve it through previous strata meetings and discussions. The Applicant sought an order to compel the respondents to carry out specific repairs and improvements, including the installation of a canopy and screen, and to appoint a strata managing agent.

The legal issues before the Tribunal included whether the respondents had a duty to maintain and repair the property, and whether the Applicant was entitled to the specific relief sought, including the appointment of a strata managing agent under the Strata Schemes Management Act 2015 (NSW). The Tribunal had to consider the relevant statutory provisions, case law, and the nature and history of the water penetration issue. The court examined the evidence presented by both parties, including expert reports and submissions on the feasibility and necessity of the proposed works.

The Tribunal concluded that the respondents had failed to adequately address the water penetration issue, which had persisted for an extended period despite previous attempts to resolve it. The court found that the proposed works were reasonable and necessary to address the identified issues. However, the Tribunal dismissed the application for the appointment of a strata managing agent, as it considered that the specific works identified by the Applicant could be managed within the existing strata scheme framework without the need for a managing agent. The court emphasised the importance of the respondents taking all necessary steps to complete the required repairs and improvements within the stipulated timeframe.

The Tribunal made several orders to compel the respondents to carry out the necessary repairs and improvements, including the installation of a canopy and screen, and repairs to the concrete floor and roof. The works were to be completed within six months of the orders, and the Applicant was granted access to the property to facilitate the works. The Tribunal also noted that the parties could seek by-laws to address the future cost of repair and maintenance of the works. The application to appoint a strata managing agent was dismissed.