Stam v Andrews and Owners Corporation SP 49154

In the matter of Stam v Andrews and Owners Corporation SP 49154, the dispute centred around the owner of lot 2, Stam, who was accused of undertaking significant renovations on common property without the necessary consent from the Owners Corporation. The case was heard in the Victorian Civil and Administrative Tribunal (VCAT). The Respondents, Andrews and the Owners Corporation, sought relief against Stam's actions, which they claimed were causing damage to the common property and other lots.

The legal issues that VCAT had to address included whether Stam's renovations on common property required the consent of the Owners Corporation, and if so, whether Stam had breached any strata laws by proceeding without such consent. Another issue was whether the Owners Corporation had adequately addressed the water ingress problem affecting the strata scheme. Additionally, the court had to consider the appropriateness of the owner of lot 3 keeping two cats within her lot.

VCAT held that Stam had indeed undertaken works on common property without the appropriate consent, which constituted a breach of the Strata Schemes Management Act 1996. The tribunal further found that the Owners Corporation had failed to address the water ingress problem effectively. VCAT ordered that Stam must obtain the necessary consents before proceeding with further renovations and mandated the Owners Corporation to engage an expert to report on the water ingress issue and prepare a scope of works for its rectification. The tribunal also granted permission for the owner of lot 3 to keep two cats within her lot, subject to certain conditions.

The final orders included restraining Stam from undertaking any works on common property without consent, requiring Stam to take necessary steps for the renovations, and mandating the Owners Corporation to engage experts and contractors to address the water ingress issue. Additionally, all lot owners were to ensure that they and their invitees and contractors did not park on common property.