Donne v The Owners - Strata Plan No. 86457 [2021] NSWCATCD 118

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Donne v The Owners - Strata Plan No. 86457 [2021] NSWCATCD 118 Hearing dates: 8 September 2021 Date of orders: 13 December 2021 Decision date: 13 December 2021 Jurisdiction: Consumer and Commercial Division Before: W Priestley, General Member Decision: 1. Pursuant to section 87 of the Act, the respondent is to transfer from its capital works fund to its administrative fund, the amount by which the applicant has not paid contributions levied on him in respect of the administrative fund. Any remaining surplus to the applicant's account in the capital works fund is to be refunded to the applicant within 7 days of the applicant providing his bank account details to the respondent. 2. Pursuant to section 85 (8), no interest is payable by the applicant on the unpaid contributions to the administrative fund mentioned in Order 2. 3. Pursuant to section 238 (1) (a), one of the co-owners of lot 2 is to resign from the strata committee. 4. In the event Order 4 is not complied with within 14 days of the date of this decision, pursuant to section 238 (1) (a) Mr Andrews is removed form the strata committee. Catchwords: LAND LAW — Strata title — Payment of contributions — Voting eligibility — Validity of resolutions — Co-owners members of strata committee — Additional levies Legislation Cited: Strata Schemes Management Act 2015 (NSW) Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: David Donne (Applicant) The Owners - Strata Plan No. 86457 (Respondent) Representation: Applicant (Self-represented) T Andrews (Respondent) File Number(s): SC 21/20490 Publication restriction: NIL