Velastegui v Chan

In the case of Velastegui v Chan, the applicant sought to challenge a resolution passed at an annual general meeting of the owners corporation. The applicant, who owned unit 3 in the strata scheme, claimed that the resolution approving the payment for certain work was improper. The application was heard by the Civil and Administrative Tribunal, which was required to decide whether the resolution should be set aside and whether an order should be made appointing a strata managing agent. The legal issues included the appropriate circumstances for setting aside a resolution and the grounds for appointing a strata managing agent. The Tribunal held that the applicant had not satisfied the burden of proof to set aside the resolution. The Tribunal also found that the appointment of a strata managing agent was warranted due to the failure of the owners corporation to properly maintain the common property and other breaches of the Strata Schemes Management Act 2015. As a result, the Tribunal made an order appointing Strata Plus Pty Ltd as strata managing agent and granted a parking licence to the owner of Lot 1. The application to set aside the resolution was dismissed.