Neri v The Owners - Strata Plan No. 91204 [2021] NSWCATCD 164

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Neri v The Owners - Strata Plan No. 91204 [2021] NSWCATCD 164 Hearing dates: 29 March 2021 Date of orders: 29 April 2021 Decision date: 29 April 2021 Jurisdiction: Consumer and Commercial Division Before: M Deane, Senior Member Decision: (1) Under s 150 of the Strata Schemes Management Act 2015 the Tribunal declares that by-law 26.4 of SP 91204 is invalid from the date of registration. (2) In accordance with the provisions of s 246 of the Strata Schemes Management Act 2015 the Owners Corporation shall cause a certified copy of this order to be lodged with the office of the Registrar General accompanied by the Certificate of Title comprising the common property in the strata plan and any fee payable for the recording of such order such that the Tribunal order can be duly registered. (3) Under s 232(1)(a) of the Strata Schemes Management Act 2015, the respondent is ordered to remove levy numbers 4, 5, 6, 7, 15, 16, 17, 20 22 and 23 imposed on the applicant's owner ledger for "illegal parking" and, if paid, to refund to the applicant immediately those fees and any interest charged as a result of those fees. Catchwords: LAND LAW – strata title – by-laws – whether by-laws were changed in accordance with s141 of the Strata Schemes Management Act 2015 – whether the owners corporation had power to make a by-law imposing penalties for parking in breach of the by-laws – whether the by-law should be declared invalid under s 150 of the Strata Schemes Management Act 2015 – whether parking fees or the expense for issuing a notice can be debited to the owner ledger. Legislation Cited: Strata Schemes Management Act 2015, ss 9, 134, 136, 141, 146, 147, 150, Schedule 1, cl 23 Strata Schemes Management Act 1996, s 41, 43 Strata Schemes Development Act 2015, s 40 Civil and Administrative Tribunal Act 2013, s 38(3)(ii) Cases Cited: Cooper and Another v Owners – Strata Plan No 58068 [2020] NSWCA 250; Noon v The Owners - Strata Plan No. 22422 [2014] NSWSC 1260 Owners of Strata Plan No. 63731 v B & G Trading Pty Ltd [2020] NSWCATAP 202 The Owners – Strata Plan 3397 v Tate [2007] NSWCA 207 The Owners Strata Plan No. 60919 v Consumer Trader and Tenancy Tribunal & Ors [2009] NSWSC 1158 Category: Principal judgment Parties: Martiniano Jake III Neri (applicant) The Owners - Strata Plan No. 91204 (respondent) Representation: Applicant: self-represented Respondent: Tony Kairouz – Strata Manager File Number(s): SC 20/41370 Publication restriction: Nil