Klewer v The Owners – Strata Plan No. 70149 [2023] NSWCATCD 142

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Klewer v The Owners – Strata Plan No. 70149 [2023] NSWCATCD 142 Hearing dates: 5 September 2023 Date of orders: 30 October 2023 Decision date: 30 October 2023 Jurisdiction: Consumer and Commercial Division Before: K Ross, Senior Member Decision: The application is dismissed. Catchwords: STRATA SCHEMES Legislation Cited: Strata Schemes Management Act 2015 Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Robert Klewer (Applicant) The Owners – Strata Plan 70149 (Respondent) Representation: Lucy Klewer (Applicant) Gordon Prewett (Respondent) File Number(s): SC 23/23970 Publication restriction: unrestricted

REASONS FOR DECISION

Application 1. The applicant is a lot owner in SP 70149, a 14 lot scheme in Korora, NSW. The respondent is the Owners Corporation of the strata plan. The applicant seeks orders as follows: An order setting aside the following decisions made by the respondent: (a)Refusal to allow payment plan of levy arrears and accruing levies at the rate of $1200 per month (b)Refusal to waive all interest on arrears and fees and charges as well as debt recovery costs (c)Refusal to reimburse the applicant $3220 for common area repairs he paid out of his own pocket (d)Refusal to allow unit valuations for the purpose of adjusting the levies fairly and proportionate to value of properties (e)Refusal to take action against owner of lot 1 who refuses to cut limbs of tree in her private yard which ongoing causes damage to lot 4 due to shedding of needles on roof and blocking drains and downpipes and rots external timber structures (f)refusal to make good repairs to the applicant's lot common area which includes the need for repairs to walls and timber structures. 1. The respondent opposes the orders sought.