Nikitopoulos v The Owners – Strata Plan No 52311 [2023] NSWCATCD 83

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nikitopoulos v The Owners – Strata Plan No 52311 [2023] NSWCATCD 83 Hearing dates: 26 May 2023 Date of orders: 28 July 2023 Decision date: 28 July 2023 Jurisdiction: Consumer and Commercial Division Before: M Deane, Senior Member Decision: (1) Under s 24 of the Strata Schemes Management Act 2015 the Tribunal orders that motions 3 and 4 passed at the EGM on 12 September 2022 be invalidated. (2) Under s 150 of the Strata Schemes Management Act 2015 the Tribunal declares that Special by-law 4 of SP 52311 is invalid from the date of registration. (3) Under s 150 of the Strata Schemes Management Act 2015 the Tribunal declares that Special by-law 5 of SP 52311 is invalid from the date of registration. (4) 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. (5) The application is otherwise dismissed. Catchwords: LAND LAW — Strata title — By-laws LAND LAW — Strata title — Common property — Maintenance and repair of common property Legislation Cited: Civil and Administrative Tribunal Act 2013 Strata Schemes Management Act 2015 Strata Schemes Management Regulation 2016 Cases Cited: Bischoff v Sahade [2015] NSWCATAP 135 Cooper and Another v Owners – Strata Plan No 58068 [2020] NSWCA 250 Glenquarry Park Investments Pty Ltd v Hegyesi [2019] NSWSC 425 Gokani-Robins Pty Ltd v The Owners – Strata Plan No 77109 [2022] NSWCATCD 164 Haramis v The Owners – Strata Plan No. 51923 [2023] NSWCATCD 15 Mortlock v Owners of Strata Plan No 55434 [2006] NSWSC 363 Noon v The Owners - Strata Plan No. 22422 [2014] NSWSC 1260 Seiwa Pty Ltd v The Owners Strata Plan 35042 [2006] NSWSC 1157 The Owners – Strata Plan 3397 v Tate [2007] NSWCA 207 The Owners – Strata Plan No 77109 v Gokani-Robins Pty Ltd [2023] NSWCATAP 82 Vickery v The Owners Strata Plan 80412 (2020) 103 NSWLR 352; [2020] NSWCA 284 Warren v The Owners Strata Plan No 61618 (SM Wilson, 26 November 2019) Texts Cited: nil Category: Principal judgment Parties: Spiros Nikitopoulos (applicant) The Owners – Strata Plan No 52311 (respondent) Representation: Applicant (self-represented) F Vigouroux (strata manager, respondent) File Number(s): SC 22/53812 Publication restriction: nil