The Owners Units Plan No 14 v Wright (Unit Titles)

The Owners Units Plan No 14, acting through the unit manager, brought an application to the Civil and Administrative Tribunal of New South Wales against the respondent, Mr Wright, regarding the enforcement of certain rules and regulations pertaining to the use of common property within their unit title scheme. The central issue was the respondent’s alleged non-compliance with specific storage rules, which led to an infringement notice being issued under section 109(3)(f)(ii) of the Unit Titles (Management) Act 2011. The Tribunal was required to determine whether it had jurisdiction to enforce the rules and what orders should be made if the respondent failed to comply with the infringement notice.

The legal issues before the Tribunal included whether the pre-conditions for the operation of section 109 of the Act had been satisfied, specifically whether the unit manager held a reasonable belief that the respondent had contravened the rules, and the interpretation of the term "reasonable belief" in this context. Additionally, the Tribunal had to consider the appropriate orders that could be made under section 129 of the Act in the event of non-compliance with the infringement notice. The respondent argued that the unit manager did not have a reasonable belief regarding his non-compliance, thereby questioning the validity of the infringement notice and the Tribunal's jurisdiction.

The Tribunal found that the unit manager did indeed hold a reasonable belief that the respondent had contravened the Storage Rules and Default Rule 5. This belief was based on evidence of the respondent's previous non-compliance and ongoing issues with storage of goods on the common property. The Tribunal also clarified that the term "reasonable belief" requires a belief that is honest and can be supported by some evidence, which was satisfied in this case. Consequently, the Tribunal determined that it had jurisdiction to enforce the rules and to make orders under section 129 of the Act. The Tribunal issued orders prohibiting the respondent from parking or storing goods on the common property in breach of the Storage Rules or Default Rule 5 and required him to remove any goods stored in breach of these rules within seven days.

The Tribunal's orders were clear and specific, reinforcing the importance of compliance with unit title regulations. The respondent was required to cease any storage of goods on the common property that contravened the Storage Rules or Default Rule 5 and to remove any such goods within a specified timeframe. This decision underscores the Tribunal's role in enforcing unit title rules and maintaining order within unit title schemes.