Fong v The Owners – Strata Plan No. 82783 [2022] NSWCATCD 56

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fong v The Owners – Strata Plan No. 82783 [2022] NSWCATCD 56 Hearing dates: 17 March 2022 Date of orders: 27 April 2022 Decision date: 27 April 2022 Jurisdiction: Consumer and Commercial Division Before: M Tyson, Senior Member Decision: 1. Order pursuant to section 149 of the Strata Schemes Management Act 2015 (NSW) that the by-law, described as special by-law 29 and described at item 14 in the minutes of the annual general meeting of the Owners Corporation SP 82783 on 20 January 2022 is prescribed as a change to the by-laws of the said strata scheme, with the wording that appears in Annexure A to those minutes, as copied as pages 55 to 62 of the applicant's written evidence in the proceedings, and with special by-law 29 to operate on and from 20 January 2022. 2. Order the Owners Corporation SP 82783 promptly to do all acts necessary to record the by-law described in order 1 pursuant to section 246 of the Strata Schemes Management Act 2015 (NSW). Catchwords: STRATA SCHEMES – s. 149 Strata Schemes Management Act – Unreasonably refused to make a common property rights by-law Legislation Cited: Strata Schemes Management Act 2015 (NSW) Cases Cited: Capcelea v The Owners – Strata Plan No 48887 [2019] NSWCATCD 27 Endre v The Owners - Strata Plan no. 17771 [2019] NSWCATAP 93 Gazebo Penthouse PL v Owners SP 73943 [2015] NSWCATCD 93 McCann v Owners SP 11318 [1998] NSWSSB 44 Milijash v Owners SP 3618 [2002] NSWCTTT 297 Milman v Owners SP 1389 [2005] NSWCTTT 196 Owners SP 69481 v Want [2013] NSWCTTT 440 Owners SP 69140 v Drewe [2017] NSWSC 845 Owners Corporation SP 7596 v Risidore & Ors [2003] NSWSC 966 Owners SP 69140 v Drewe [2017] NSWSC 845 The Proprietors SP 1627 v Schultz (1978) Strata Title Law and Practice [3-024] Texts Cited: Nil Category: Principal judgment Parties: Alicia Fong (Applicant) The Owners – Strata Plan No. 82783 (Respondent) Representation: J Kanridis (Applicant) Y Ge (Respondent) File Number(s): SC 21/45610 Publication restriction: Nil