The OWNERS - Strata PLAN 72856 v MISOYANNIS

The Owners - Strata Plan 72856 (the Owners) brought proceedings against Misoyannis (the Respondent) concerning alleged breaches of the Owners Corporation Rules. The dispute centred on the Respondent's use of his property, Lot 10, within the strata scheme, specifically regarding the keeping of pets and the alleged creation of a nuisance. The matter was heard in the Local Court of New South Wales.

The primary legal issues before the Court were whether the Respondent had breached the Owners Corporation Rules by keeping pets without the required consent and whether his conduct, including the alleged nuisance caused by his pets, constituted a breach of the statutory duty to not cause nuisance or hazard to other occupiers. The Court was required to interpret the relevant provisions of the *Strata Schemes Management Act 2015* (NSW) and the by-laws of Strata Plan 72856.

Judge Smith found that the Respondent had indeed breached the Owners Corporation Rules by keeping pets without obtaining the necessary consent from the Owners Corporation. The Court determined that the keeping of pets, as defined by the by-laws, required prior approval, which had not been sought or granted. Furthermore, the Court concluded that the Respondent's actions, particularly in relation to the management of his pets, had created a nuisance for other lot owners, thereby breaching the statutory duty imposed by section 117 of the *Strata Schemes Management Act 2015*. The Court considered evidence presented regarding the impact of the pets on other residents.

The Court ordered that the Respondent cease keeping pets on his lot unless and until the required consent was obtained from the Owners Corporation. The Respondent was also ordered to take all necessary steps to prevent his pets from causing a nuisance to other occupiers of the strata scheme.