Howells v Owners Corporation Strata Plan 33149

In *Howells v Owners Corporation Strata Plan 33149*, the Supreme Court of New South Wales considered a dispute between a lot owner, Mr. Howells, and the Owners Corporation of his strata scheme. Mr. Howells sought orders to compel the Owners Corporation to repair a leaking balcony, which he alleged was causing damage to his property and impacting its amenity. The Owners Corporation, however, contended that the leak was not their responsibility and that the issue lay with Mr. Howells's use of the balcony.

The central legal issue before the Court was to determine the extent of the Owners Corporation's duty to repair and maintain common property, and specifically whether the leaking balcony constituted common property requiring repair by the Owners Corporation under the *Strata Schemes Management Act 2015* (NSW). The Court also had to consider whether Mr. Howells had established a breach of this duty and, if so, what remedy was appropriate.

Judge Nicholls found that the balcony, as an external structure forming part of the building's facade and providing support and weatherproofing, was common property. The Court applied the principles of the *Strata Schemes Management Act 2015*, which imposes a duty on Owners Corporations to maintain and repair common property. The evidence established that the leak originated from the common property and was causing damage to Mr. Howells's lot. The Court rejected the Owners Corporation's defence that the leak was caused by Mr. Howells's actions, finding insufficient evidence to support this claim.

Consequently, the Court ordered the Owners Corporation to undertake the necessary repairs to the balcony to rectify the leak and to compensate Mr. Howells for the damage caused to his lot.