Larsen v The Owners - Strata Plan No. 3573

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Larsen v The Owners - Strata Plan No. 3573 [2022] NSWCATCD 43

Hearing dates:

18 November 2021 and 28 January 2022

Date of orders:

03 March 2022

Decision date:

03 March 2022

Jurisdiction:

Consumer and Commercial Division

Before:

G Kinsey, General Member

Decision:

1 The application for the appointment of a compulsory strata manager under section 237 of the Strata Schemes Management Act 2015 is dismissed.

Catchwords:

LAND LAW — Strata title — Appointment of compulsory strata manager — Whether grounds for compulsory appointment established

Legislation Cited:

Civil and Administrative Tribunal Act 2013 (NSW)

Strata Schemes Management Act 2015 (NSW)

Cases Cited:

Bischoff v Sahade [2015] NSWCATAP 135

Hoare and Ors v The Owners- Strata Plan No 73905 [2018] NSWCATCD 45

Maple v The Owners Strata Plan No 8950 [2021] NSWCATCD 108

Texts Cited:

Nil

Category:

Principal judgment

Parties:

Bengt Larsen (First Applicant)
Robert Ball (Second Applicant)
The Owners - Strata Plan No. 3573 (Respondent)

Representation:

First and Second Applicant (Self-represented)
Y Lee (Respondent)

File Number(s):

SC21/37065

Publication restriction:

Unrestricted

REASONS FOR DECISION

The Parties

1. The Applicants are the owners of lots 7 and 8 in Strata Plan 3573.

2. The Respondent is the Owners Corporation of Strata Plan No 3573. The strata scheme is a mixed commercial and residential development situated at 237-245 Maroubra Road Maroubra. For the sake of convenience the Respondent shall hereinafter be referred to as “the OC”.

3. The Applicants appeared in person at the hearing.

4. The OC was represented by the secretary of the Owners Corporation Yuen Lee.

The Application

5. In an application filed on 23 August 2021 the Applicants sought an order pursuant to section 237 of the Strata Schemes Management Act 2015 (hereinafter referred to as “the SSMA”) for the appointment of a compulsory strata manager and interim orders pursuant to section 231 of the SSMA

6. Attached to the application is a summary of the reasons for seeking the appointment of a compulsory strata manager with supporting documents. Briefly the Applicants state the OC is not functioning satisfactorily because:

1. The unreasonable control of the voting at all meetings by the owners of lots 12,13 and 14 since the expiration of the former compulsory manager’s term;

2. The inadequacy of funds to properly maintain the common property;

3. The calling of an extraordinary general meeting to remove the strata manager one month after appointment;

4. The irrational behaviour of the secretary Yuen Lee;

5. The invalidity of Ms Lee’s actions in calling for the EGM scheduled for 27 August 2021.

7. The application provided background material and details of events which the Applicants assert support the case for the appointment of a compulsory strata manager.

8. At the hearing the Applicants informed the Tribunal that they would not seek the appointment of a compulsory strata manger if the secretary Yuen Lee resigned or was removed as the secretary pursuant to section 227(4) of the SSMA.

Procedural History

9. The Application was filed on 23 August 2021.

10. On 1 September 2021 the Tribunal…