The Owners - Strata Plan No 47561 v Nowland

In this matter, The Owners – Strata Plan No 47561 sought a declaration that a lot owner, Nowland, should remove unauthorised works. The dispute was heard by the Supreme Court of New South Wales. The central issue before the court was whether the owners corporation or the lot owner was responsible for removing unauthorised works on a strata property. Specifically, the court had to determine if Nowland, as a lot owner, was obligated to remove a carport built without the necessary approvals from the owners corporation.

The court examined the relevant legislation and case law to determine the responsibilities of the owners corporation and lot owners under the Strata Titles Act. It was established that the owners corporation had a duty to enforce the by-laws, which included ensuring that lot owners did not undertake works without the required approvals. The court found that the owners corporation had failed in its duty to enforce the by-laws, which led to the unauthorised works being carried out. However, the court held that the lot owner was still responsible for removing the unauthorised works, as they were the ones who constructed the carport without the necessary approvals. The court reasoned that the owners corporation's failure to enforce the by-laws did not absolve the lot owner of their responsibility to remove the unauthorised works.

The Supreme Court of New South Wales held that Nowland was responsible for removing the unauthorised works on the strata property. The court found that the owners corporation had failed in its duty to enforce the by-laws, but this did not relieve Nowland of their responsibility to remove the unauthorised works. The court emphasised that lot owners must ensure that any works they undertake comply with the relevant by-laws and obtain the necessary approvals before commencing the works. The court's decision highlights the importance of both owners corporations and lot owners fulfilling their respective obligations under the Strata Titles Act.