The Owners - Strata Plan No. 3407 v Edgar and Edgar

In this matter, The Owners - Strata Plan No. 3407 brought a claim against Edgar and Edgar, the respondents, regarding the use of common property within a residential building. The plaintiffs sought an order for the removal of a pram and an e-bike parked on level 6, which they argued constituted a nuisance and hazard to other occupants. The dispute was heard and determined by the Supreme Court of New South Wales.

The central legal issue before the Court was whether the presence of the pram and e-bike on the common property constituted a nuisance or hazard under the Strata Schemes Management Act 2015. This involved interpreting the nature of a lot owner’s interest in common property and determining the extent to which such use could be restricted. The Court had to balance the rights of the respondents to use the common property with the obligation to avoid causing a nuisance or hazard to other lot owners.

In delivering judgment, the Court found that the presence of the pram and e-bike on the common property did indeed constitute a nuisance and a hazard. The Court emphasised that while lot owners have a right to use common property, this right is not unlimited and must be exercised in a manner that does not unreasonably interfere with the rights of others. Given the potential risks posed by the pram and e-bike, the Court concluded that their removal was necessary to prevent harm or nuisance to other lot owners.

The Court ordered the respondents to remove the pram and e-bike from the common property immediately, pursuant to sections 232 and 241 of the Strata Schemes Management Act 2015. This decision reinforces the principle that lot owners must use common property in a manner that does not adversely affect the rights and safety of other occupants within the strata scheme.