Pike v The Owners - Strata Plan No 9370

In the case of Pike v The Owners – Strata Plan No 9370, the primary dispute revolves around the management and maintenance of common property in a strata scheme, specifically concerning the validity of certain resolutions passed by the owners corporation. The matter was heard in the NSW Civil and Administrative Tribunal (NCAT). The Applicant, Ms Pike, sought to invalidate several resolutions passed at a special general meeting of the Owners Corporation on 3 December 2024. These resolutions included the approval of a significant alteration to the strata scheme, a variation in the special levy imposed on owners, and other related matters.

The legal issues before the Tribunal centred on the interpretation and application of various sections of the Strata Schemes Management Act 2015 (NSW). Specifically, the Tribunal had to consider the validity of resolutions under section 106 and 108 of the Act, the conditions under which a resolution could be invalidated under section 24, the requirement for special levies under section 81(4), and the circumstances in which a special levy could be varied under section 87. Furthermore, the Tribunal examined its own jurisdiction to make orders under sections 232 and 241 of the Act.

The Tribunal found that the resolutions regarding the alteration and addition to the strata scheme were invalid, as they did not comply with the necessary statutory requirements and procedural safeguards. Consequently, the Tribunal issued orders under section 24 invalidating the resolutions passed in respect of motions 2.1.1, 2.1.2, 9.2, and 9.3. The Tribunal also varied the manner by which the special levy was to be paid, setting new due dates. The remaining claims made by Ms Pike were dismissed. The Tribunal allowed both parties the opportunity to apply for costs within 28 days of the decision.