Linney v The Owners - Strata Plan No. 11669 [2021] NSWCATCD 123

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Linney v The Owners - Strata Plan No. 11669 [2021] NSWCATCD 123 Hearing dates: 28 July 2021 Date of orders: 8 December 2021 Decision date: 08 December 2021 Jurisdiction: Consumer and Commercial Division Before: G Sarginson, Senior Member Decision: 1. By 31 January 2022, The Owners-Strata Plan No 11669 is to perform, using suitably licensed tradespersons exercising due care and skill, the following repairs to a common property bathroom bulkhead proximate to Lot 4 of the strata scheme: (a) Repair damaged bulkhead (timber frame area). (b) Tape and set all joins and apply base coat (x 1). (c) Apply paint top coats (x 2). (d) Paint to match existing area. 2. The owner of Lot 4 is to take all reasonable measures to ensure that reasonable access to the Lot is given to The Owners-Strata Plan No 11669 so that Order 1 above can be complied with. 3. By 31 January 2022, The Owners-Strata Plan No 11669 is to record in the strata roll the by-laws for the time being in force for the strata scheme in accordance with s 178 (2) (e) of the Strata Schemes Management Act 2015 (NSW). 4. The application is otherwise dismissed. Catchwords: LAND LAW — Strata schemes — Conduct of annual general meeting — Whether breach of ss 24 and/or 25 of the Strata Schemes Management Act 2015 (NSW) established — Content of strata roll — Whether compliant — Removal of strata committee member from office — Whether grounds for removal established — Common property of strata scheme —Duty to maintain and repair — Whether duty breached Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Strata Schemes Development Act 2015 (NSW) Strata Schemes Management Act 2015 (NSW) Strata Schemes Management Regulation 2016 (NSW) Strata Titles Act 1973 (NSW) Cases Cited: Glenquarry Park Investments Pty Ltd v Hegyesi [2019] NSWSC 425 McCue v The Owners - Strata Plan No 38444 [2021] NSWCATCD 35 Read v The Owners - Strata Plan No 2533 [2021] NSWCATAP 218 Texts Cited: Nil Category: Principal judgment Parties: Gayle Marie Linney (Applicant) The Owners-Strata Plan No 11669 (First Respondent) Susanne Parks (Second Respondent) Representation: M Kuskis (Applicant) G Lumley (First and Second Respondent)