The OWNERS-STRATA PLAN 31561 v Komidar

The Owners-Strata Plan 31561 (the Owners) brought proceedings against Komidar Pty Ltd (Komidar) concerning alleged breaches of the *Strata Schemes Management Act 2015* (NSW) and the Owners Corporation's by-laws. The dispute centred on Komidar's alleged failure to comply with its obligations as a lot owner, specifically in relation to the maintenance and repair of common property and the use of common property. The matter was heard in the NSW Civil and Administrative Tribunal (NCAT).

The Tribunal was required to determine whether Komidar had breached its obligations under the *Strata Schemes Management Act 2015* (NSW) and the Owners Corporation's by-laws. Specifically, the issues included whether Komidar had failed to maintain its lot in a state of good repair, whether it had caused damage to common property, and whether its use of common property was in contravention of the by-laws. The Tribunal also considered the appropriate remedies for any proven breaches.

In its reasoning, the Tribunal applied the relevant provisions of the *Strata Schemes Management Act 2015* (NSW), including sections dealing with the duties of lot owners and the powers of owners corporations. The Tribunal found that Komidar had indeed breached its obligations by failing to adequately maintain its lot, which resulted in damage to common property, and by improperly using common property. The Tribunal emphasised the importance of lot owners fulfilling their responsibilities to ensure the proper management and maintenance of the strata scheme for the benefit of all owners.

The Tribunal ordered Komidar to undertake specific repairs to the common property and to cease the unauthorised use of common property. The Tribunal also made orders regarding the payment of costs associated with the proceedings.