Civil and Administrative Tribunal
New South Wales
- Amendment notes
Medium Neutral Citation: Laws v The Owners – Strata Plan 97230 [2022] NSWCATCD 131 Hearing dates: 26 July 2022 Date of orders: 11 August 2022 Decision date: 11 August 2022 Jurisdiction: Consumer and Commercial Division Before: K Ross, Senior Member Decision: 1. The application to remove Mr Leis from his position on the strata committee is dismissed.
2. 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 meeting of SP 97230 on 23 September 2021, a true copy of which is annexed to these orders.
3. The Owners Corporation is to ensure that the common rights by-law is registered in accordance with s 246 of the Strata Schemes Management Act2015.
Catchwords: STRATA SCHEMES – Whether a member of the committee should be removed from office, whether
the Owners Corporation has unreasonably refused to
make a By-law permitting the installation of solar
panels on common property
Legislation Cited: Cases Cited: Ainsworth v Albrecht [2016] HCA 40
Capcelea v The Owners-Strata Plan No 48887 [2019] NSWCATCD 27
Charitable Islamic Association of Beirut City Incorporated v The Owners-Strata Plan No 75506 [2019] NSWCATCD
Endre v The Owners - Strata Plan no. 17771 [2019] NSWCATAP 93
Fong v The Owners – Strata Plan 82783 [2022] NSWCATCD
McCann v Owners SP 11318 [1998] NSWSSB 44
Milman v Owners SP 1389 [2005] NSWCTTT 196
Owners Corporation SP 7596 v Risidore & Ors [2003] NSWSC 966
Owners SP 69140 v Drewe [2017] NSWSC 845
Owners SP 69481 v Want [2013] NSWCTTT 440
Category: Principal judgment Parties: Rosamond Laws (Applicant)
The Owners - Strata Plan 97230 (First Respondent)
Peter Leis (Second Respondent)Representation: Applicant (self-represented)
J Schoonbeck (First Respondent)
Second Respondent (self-represented)
File Number(s): SC22/00115 Publication restriction: Nil
REASONS FOR DECISION
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This dispute involves a 6 lot strata scheme in Ettalong. The applicant Ms Laws is the owner of Lot 3 in the strata plan. She wishes to install solar panels on the roof of her unit. There is no dispute that the roof is common property, and that the applicant requires the consent of the Owners Corporation to install the panels. The applicant proposed that the Owners Corporation approve a By-Law to enable her to install the panels. Because the solar panels are sustainability infrastructure, a simple majority of lot owners was required. The Owners Corporation refused the request. The applicant says that the Owners Corporation’s refusal is unreasonable, and she seeks orders from the Tribunal to enable the panels to be installed.
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Ms Laws also seeks an order removing Mr Leis from “any office he holds” on the strata committee. At the hearing evidence was given that Mr Leis is a member of the strata committee but holds no other position. The applicant alleges that no meeting has…
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- Case
- [2022] NSWCATCD 131
- Decision Date
CaseChat Overview and Summary
The legal issues before the tribunal included whether Mr. Leis's conduct warranted his removal from the committee and if the Owners Corporation's refusal to permit the installation of solar panels constituted an unreasonable exercise of its powers. The tribunal had to consider the statutory framework governing strata schemes, particularly the Strata Schemes Management Act 2015, and assess the actions of the Owners Corporation and Mr. Leis against the principles of fairness and reasonableness.
In its decision, the tribunal found that while there were valid concerns about Mr. Leis's conduct, it did not justify his removal from the committee. Regarding the solar panels, the tribunal determined that the Owners Corporation's refusal was unreasonable, as it failed to consider the potential benefits and did not provide adequate reasons for the refusal. The tribunal exercised its powers under section 149 of the Act to prescribe the making of a by-law that would permit the installation of solar panels on common property.
Consequently, the tribunal dismissed the application to remove Mr. Leis from his committee position but mandated the Owners Corporation to create and register a by-law allowing the installation of solar panels. This decision aimed to balance the rights of individual committee members with the collective interests of the strata scheme residents and ensure that the Owners Corporation acted reasonably and in accordance with the law.
Orders
Orders of the court
1. The application to remove Mr Leis from his position on the strata committee is dismissed.
2. 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 meeting of SP 97230 on 23 September 2021, a true copy of which is annexed to these orders.
3. The Owners Corporation is to ensure that the common rights by-law is registered in accordance with s 246 of the Strata Schemes Management Act 2015.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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