David John Malcolm and Nancy Roslyn Malcolm v OC SP 81674 [2014] NSWCATCD 130

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: David John Malcolm and Nancy Roslyn Malcolm v OC SP 81674 [2014] NSWCATCD 130 Hearing dates: 15 October 2013 Decision date: 04 February 2014 Before: R Buckley, Senior Member Decision: 1.The order made in SCS 12/64808 is revoked. 2.Pursuant to s 153(1) of the Strata Schemes Management Act 1996 (the SSMA") the resolution recorded in the minutes of an Extraordinary General Meeting of Owners Corporation Strata Plan 81674 held on 7 September 2011 and dated 9 September 2011 is invalidated. 3.Pursuant to s 169(2) of the SSMA, the Owners Corporation Strata Plan 81674 is ordered to refrain from taking any step, action, or decision that in any way approves any common property parking proposal, plan or procedure that is inconsistent with the requirements and directions set out and marked on the plan of Domicile Drafting and Design for Proposed Unit Development lot 14 Section 1 DP 2029, 33 Martindale Street, Wallsend dated 19 June 2008 and bearing endorsement of Newcastle City Council's consent dated 26 June 2008 as "Visitor Parking 1" and "Visitor Parking 2" so as to comply with the requirements of development application approval DA 08/0133 made pursuant to s 81 of the Environmental Planning Assessment Act 1979. 4.The Owners Corporation Strata Plan 81674 is ordered by not later than 22 February 2014 pursuant to s 169(2) of the SSMA to paint or otherwise permanently treat, mark or differentiate the concrete parking area of the strata scheme, as is marked on the plan of Domicile Drafting and Design for Proposed Unit Development lot 14 Section 1 DP 2029, 33 Martindale Street, Wallsend dated 19 June 2008 and bearing endorsement of Newcastle City Council's consent dated 26 June 2008 as "Visitor Parking 1" and "Visitor Parking 2", so as to comply with the requirements of development application approval DA 08/0133 made pursuant to s 81 of the Environmental Planning Assessment Act 1979. Catchwords: Invalid resolution, resolution made in contravention of law Legislation Cited: Strata Schemes Management Act 1996 Environmental Planning and Assessment Act 1979 Cases Cited: Gooden v Owners Corporation SP 2629 (Strata and Community Schemes) [2011] NSW CTTT 345 Owners SP 56911 v Stricke (Strata and Community Schemes) [2012] NSW CTTT 392 Owners Corporation Strata Plan 7596 v Risidore & Ors [2003] NSWSC 966 Zouk v The Owners Corporation Strata Plan 4521 and Anor [2005] NSWSC 845 Category: Principal judgment Parties: David John Malcolm and Nancy Roslyn Malcolm (Applicants) OC SP 81674 (Respondents) File Number(s): SCS 13/28071