The Owners Of Strata Plan 58041 v Temelkovski (No.2) and Temelkovski v The Owners Of Strata Plan 58041

The Owners of Strata Plan 58041 (the Owners) brought proceedings against Mr and Mrs Temelkovski (the Temelkovskis) concerning alleged breaches of the Strata Schemes Management Act 2015 (NSW) and the by-laws of the strata scheme. The dispute centred on the Temelkovskis' alleged failure to comply with orders to cease using a balcony as a storage area and to remove a satellite dish installed on the common property. The Owners sought orders for compliance and damages. The matter came before Judge Manousaridis in the NSW Civil and Administrative Tribunal (NCAT).

The primary legal issues before the Tribunal were whether the Temelkovskis had breached specific by-laws of the strata scheme by using their balcony for storage and by installing a satellite dish on common property without approval. The Tribunal was also required to determine whether the Owners had established a case for damages arising from these alleged breaches, and if so, to assess the quantum of those damages.

Judge Manousaridis found that the Temelkovskis had indeed breached the relevant by-laws. The evidence demonstrated that the balcony was being used for storage, contrary to the by-laws prohibiting the use of common property or parts of lots for storage in a manner that causes a nuisance or hazard. Furthermore, the installation of the satellite dish on common property without the Owners Corporation's consent was also a breach. The Tribunal applied the principles of strata law, focusing on the obligations of lot owners to comply with by-laws and the powers of the Owners Corporation to enforce them. The claim for damages was dismissed as the Owners failed to provide sufficient evidence to establish a quantifiable loss directly attributable to the breaches.

Consequently, the Tribunal made orders requiring the Temelkovskis to remove the satellite dish and cease using the balcony for storage. The Owners' claim for damages was dismissed.