Executive Committee Units Plan 116 v Nicholson (Unit Titles)

The case between the Executive Committee Units Plan 116 and Nicholson arose in the context of a dispute concerning maintenance and compliance with an infringement notice in a units plan. The dispute centred on the erection of an unapproved structure and the failure to comply with the infringement notice issued by the applicants. The matter was determined by the Civil and Administrative Tribunal of New South Wales.

The legal issues before the court included whether the owners corporation had the right to enter a unit without the owner's or occupier's consent for maintenance purposes, and whether the owner was liable for the recovery of expenditure resulting from the breach of rules due to the unapproved structure. Additionally, the court had to consider the scope of the executive committee's functions under the Unit Titles Act.

The court held that an owners corporation does not have an automatic right to enter a unit without consent, except in emergency situations. However, if entry is required for the inspection or maintenance of common property, the executive committee can authorise entry with proper notice to the owner or occupier. In this case, the court found that the infringement notice was valid, and the respondent had failed to comply. Furthermore, the court ruled that the owner could be held liable for the costs incurred due to the unapproved structure, as it was a breach of the corporation's rules.

The tribunal ordered that the respondent must comply with the infringement notice by a specified date. If the respondent failed to comply, they were to pay a prescribed fee. Conversely, if the respondent complied with the order, the payment obligation was discharged.