The Owners - Strata Plan No 70798 v Khor

The Owners - Strata Plan No 70798 (the Owners) brought proceedings against Mr. Khor (the Respondent) concerning alleged breaches of the *Strata Schemes Management Act 2015* (NSW) and the Owners Corporation's by-laws. The dispute centred on the Respondent's alleged failure to comply with a notice to comply with a by-law, specifically regarding the keeping of a pet within his strata unit. The matter was heard in the NSW Civil and Administrative Tribunal (NCAT).

The primary legal issue before the Tribunal was whether the Respondent had breached the Owners Corporation's by-laws by failing to comply with a notice to comply, and consequently, whether the Owners Corporation was entitled to an order for the removal of the pet and payment of a penalty. The Tribunal was required to consider the scope of the Owners Corporation's power to make by-laws regarding pets and the procedural requirements for issuing a notice to comply.

Judge Altobelli found that the Owners Corporation had established that the Respondent was in breach of the by-laws. The Tribunal determined that the notice to comply was validly issued and that the Respondent had failed to take the necessary steps to remedy the breach within the stipulated timeframe. The Tribunal applied the principles of strata law, emphasising the importance of compliance with by-laws for the harmonious management of strata schemes and the enforcement mechanisms available to owners corporations.

The Tribunal ordered the Respondent to remove the pet from the strata unit within 28 days and imposed a penalty of $1,000, payable to the Owners Corporation. The Respondent was also ordered to pay the Owners Corporation's costs.