Roseby v The Owners - Strata Plan No 2400

The applicant, Roseby, sought a declaration that the refusal by the Owners Corporation to consent to minor alterations to the common property of a strata scheme was unreasonable. The defendants, the Owners Corporation, argued that the alterations would harm the building's structural integrity and aesthetic appeal. The dispute was heard by the Civil and Administrative Tribunal of New South Wales. The primary legal issues before the Tribunal were whether the Owners Corporation unreasonably refused consent to the proposed minor alterations, and whether they unreasonably refused to pass a by-law that would have granted the applicant special privileges regarding alterations to the common property.

The Tribunal examined the evidence provided by both parties and considered the relevant provisions of the Strata Schemes Management Act 2015 (NSW). It determined that the Owners Corporation was not unreasonable in refusing consent to the proposed alterations as there was evidence to suggest that the changes could potentially harm the building's structural integrity and aesthetic appeal. The Tribunal found that the Owners Corporation's decision to refuse consent was reasonable and in line with the purpose of the Act. Furthermore, the Tribunal held that the Owners Corporation was not unreasonable in refusing to pass the by-law that would have granted the applicant special privileges regarding alterations to the common property. The Tribunal concluded that the proposed by-law would have undermined the collective decision-making process and potentially caused harm to the building's structural integrity and aesthetic appeal.

In light of the above findings, the Tribunal dismissed the application and ordered that any application for costs is to be made by written application containing written submissions no more than four pages, to be filed with the Tribunal and served on the other party within 14 days from the date of the decision. The Tribunal also ordered that any response to the application for costs is to be made by written submissions no more than four pages, to be filed with the Tribunal and served on the other party within 14 days thereafter. The issue of costs will be determined on the papers, subject to the submissions of the parties, pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW).