The Owners Strata Plan No. 10717 v Mantell; Mantell v The Owners Strata Plan No. 10717

The dispute between The Owners Strata Plan No. 10717 and Mantell, along with its cross-appeal, involved a strata title issue under the Strata Schemes Management Act 2015 (NSW). The matter was before the NSW Civil and Administrative Tribunal (NCAT). The primary contention was whether the proposed common property rights by-law was unreasonably refused by the respondent, the owners corporation, and whether the lot owners had made an unauthorised addition to the common property without a special resolution.

The legal issues that required resolution included the validity of the owners corporation’s refusal to adopt the proposed by-law concerning common property rights, and whether the lot owners' actions constituted an unauthorised addition to the common property, which would necessitate a special resolution. The court had to examine the statutory requirements under the Strata Schemes Management Act 2015 (NSW) to determine if the owners corporation's refusal was justified and whether the lot owners' actions were compliant with the statutory provisions.

The NCAT concluded that the owners corporation's refusal to adopt the proposed by-law was unreasonable. The Tribunal found that the proposed by-law did not contravene any provisions of the Act and was, in fact, in the best interests of the strata scheme. Furthermore, the Tribunal ruled that the lot owners' actions did not constitute an unauthorised addition to the common property, as they did not result in a significant alteration of the common property's character or use. Consequently, the Tribunal ordered the adoption of the proposed by-law and mandated the registration of this by-law within 28 days. The Tribunal dismissed the application for costs in both proceedings and acknowledged the successful parties' entitlement to the benefit of s 104 of the Strata Schemes Management Act 2015 (NSW).