Stam v Andrews and Owners Corporation SP 49154 [2017] NSWCATCD 32

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Stam v Andrews and Owners Corporation SP 49154 [2017] NSWCATCD 32 Hearing dates: 16 March 2017 Decision date: 19 April 2017 Jurisdiction: Consumer and Commercial Division Before: K. Ross, Senior Member Decision: 1. The owner of lot 2 is restrained from undertaking any works on common property (other than cosmetic work) without the appropriate consent of the Owners Corporation, or an order of the Tribunal. 2. The owner of lot 2 is, on or before 31 October 2017, to take all such steps and do all such things as are necessary in respect of renovations carried out and to be carried out, including without limitation requisitioning an extraordinary meeting of the Owners Corporation to consider such resolutions and special resolutions as are necessary and seeking orders of the Tribunal as may be required in the absence of such consent being granted. 3. By consent the owners of all lots in the strata scheme are to ensure that they do not park on, nor permit their invitees and contractors to park on common property. 4. The Owners Corporation is to engage an appropriately qualified expert to report, on or before 31 May 2017, on the cause of water ingress affecting the strata scheme, and to prepare a scope of works for rectification. 5. The Owners Corporation is to engage suitably qualified licensed and insured contractors to carry out the rectification works in accordance with the scope of work, on or before 30 September 2017. 6. By consent, the owner of lot 3, during the period of her ownership of the lot, is permitted to keep two cats within the lot. Catchwords: Work on common property, special resolution Legislation Cited: Strata Schemes Management Act 2015 Civil and Administrative Tribunal Act 2013 Category: Principal judgment Parties: Leanne Stam (applicant) Owners Corporation SP 49154 & Kevin Andrews (respondents) Representation: The applicant appeared in person The Owners Corporation was represented by Norm Kelly The respondent Kevin Andrews appeared in person File Number(s): SC 16/56048 and SC 16/56050 Publication restriction: Unrestricted