The Owners - Strata Plan 46498 v Evagelakos

The Owners - Strata Plan 46498, comprising the residents of a strata property, brought an action against Evagelakos, a fellow strata owner, in the Supreme Court of New South Wales. The dispute centred on the alleged unauthorised construction by Evagelakos of an extension to his unit, which the plaintiffs claimed violated the Strata Schemes Management Act 1996. They sought an injunction and damages for the unauthorised works, as well as an order for Evagelakos to remove the extension.

The primary legal issue the court had to address was whether the construction constituted an unauthorised structure under the Act. This required a determination of whether the works required a building permit and whether Evagelakos had obtained one. Another issue was the enforceability of the strata plan and body corporate rules that prohibited such extensions without prior approval.

The court found that the construction indeed required a building permit, which Evagelakos had not obtained, thus constituting an unauthorised structure. The court further held that the strata plan and body corporate rules were valid and binding, and Evagelakos was required to comply with them. Consequently, the court ordered Evagelakos to remove the extension within a specified period and to pay the plaintiffs’ legal costs. The court also granted an injunction to prevent any future unauthorised constructions.