Owners of Strata Plan 54026 v Foong

The Owners of Strata Plan 54026 (the Owners) brought proceedings against Mr. Foong concerning alleged breaches of the Strata Schemes Management Act 2015 (NSW) (the Act). The dispute centred on Mr. Foong's failure to pay levies and his alleged obstruction of the Owners Corporation's access to common property for essential repairs. The matter was heard in the NSW Civil and Administrative Tribunal (NCAT).

The Tribunal was required to determine whether Mr. Foong had breached his obligations under the Act by failing to pay outstanding levies and by refusing the Owners Corporation access to his lot to carry out repairs to the common property, specifically a leaking pipe within his unit that was causing damage to other parts of the strata scheme. The Tribunal also considered the appropriate remedies for these breaches.

Judge Driver found that Mr. Foong had indeed breached his statutory obligations. The Tribunal applied the provisions of the Strata Schemes Management Act 2015 (NSW), particularly those relating to the payment of levies and the rights of an owners corporation to access lots for the purpose of maintaining and repairing common property. The Tribunal reasoned that the leaking pipe constituted a failure of common property, and Mr. Foong's refusal to allow access prevented the Owners Corporation from fulfilling its duty to maintain and repair the common property, thereby causing further damage.

The Tribunal ordered Mr. Foong to pay the outstanding levies, plus interest, and also ordered him to permit the Owners Corporation access to his lot to carry out the necessary repairs to the common property. Mr. Foong was also ordered to pay the Owners Corporation's costs.