Owners Corporation SP 32033 (applicant); Patrick and Valerie Mullins (respondents) [2015] NSWCATCD 23

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Owners Corporation SP 32033 (applicant); Patrick and Valerie Mullins (respondents) [2015] NSWCATCD 23 Hearing dates: 17 December 2014 Decision date: 27 February 2015 Jurisdiction: Consumer and Commercial Division Before: K Rosser, Senior Member Decision: The orders made by the Adjudicator in SCS 14/27314 and SCS 14/32759 are affirmed.

The appeal against the Adjudicator's orders is dismissed. Catchwords: Resolution under s 62(3) of the Strata Schemes Management Act 1996; power to make a special by-law; whether a by-law should be invalidated Legislation Cited: Strata Schemes Management Act 1996 [the SSMA] Civil and Administrative Tribunal Act 2013 [the NCAT Act] Cases Cited: The Owners – Strata Plan No. 50276 v Thoo [2013] NSWCA 270 Owners SP 56911 v Stricke (Strata and Community Schemes) [2012] NSWCTTT 392 Category: Principal judgment Parties: Owners Corporation SP 32033 (applicant) Patrick and Valerie Mullins (respondents) Representation: Ms Crittenden for the appellant Respondents were self-represented File Number(s): SCS 14/50864 Publication restriction: Nil

Reasons for decision

Appeal 1. This is an appeal against orders made by an Adjudicator on 17 September 2014 in SCS 14/27314 and SCS 14/32759. 2. In SCS 14/27314, the current respondent, Mr and Mrs Mullins, sought an order invalidating Special by-law 2. This by-law, which was registered on 28 July 2010, reflects a special resolution under s 62(3) of the SSMA that it is inappropriate that the Owners Corporation maintain common property windows in external walls of all lots within the strata plan. The by-law makes lot owners responsible for the maintenance, renewal, repair and replacement of these windows. The by-law stipulates that all replacement windows are to be constructed from "marine-grade, white, powder-coated aluminium, to match the existing windows in Lot 3". 3. In SCS 14/32759, the appellant, the Owners Corporation, sought an order requiring Mr and Mrs Mullins to comply with Special By-law 2, on the basis that the windows in their lot, lot 1, have fallen into a state of disrepair and need to be replaced.