The Owners-Strata Plan No 58091 v Sonia, Rossana and Fernando Romani

The Owners-Strata Plan No 58091 filed an application against the respondents, Sonia, Rossana, and Fernando Romani, seeking enforcement of the Strata Schemes Management Act 1996. The application focused on the respondents' failure to comply with a decision of the Registrar of Strata Titles, which mandated the payment of a pecuniary penalty. The matter was heard in the NSW Civil and Administrative Tribunal.

The primary legal issue before the tribunal was whether the respondents had breached their obligations under the Strata Schemes Management Act 1996 by not complying with the Registrar's decision to impose a penalty. Additionally, the tribunal needed to consider the appropriate quantum of the penalty and whether any mitigating factors should be taken into account. The respondents contested the imposition of the penalty, arguing that they had not received proper notification of the decision or had the opportunity to be heard.

The tribunal found that the respondents were indeed in breach of the Act by failing to comply with the Registrar's decision. The tribunal emphasised the importance of adherence to the statutory framework governing strata schemes and the need to ensure compliance to maintain the integrity of the strata system. The tribunal noted that the respondents had not provided sufficient evidence to demonstrate that they had been deprived of a fair opportunity to be heard or that they were unaware of the decision. Consequently, the tribunal upheld the penalty as imposed by the Registrar, with no reduction in the amount.

The tribunal ordered that the respondents were to pay the penalty of $5,500.00 to the Department of Finance & Services within 28 days from the date of the orders. The tribunal's decision underscored the importance of following statutory processes and the consequences of non-compliance in strata management.