Estens v Owners Corporation SP 11825 [2017] NSWCATCD 52

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Estens v Owners Corporation SP 11825 [2017] NSWCATCD 52 Hearing dates: 2 June 2017 Decision date: 06 July 2017 Jurisdiction: Consumer and Commercial Division Before: J A Ringrose – General Member Decision: 1 Pursuant to provisions of s. 150 of the Strata Schemes Management Act 2015 the Tribunal declares that special by-law 1 – Prohibiting Illegal Uses (including short term lettings) which was passed at an extraordinary general meeting of the Owners Corporation on 16 February 2017 is invalid in that the Owners Corporation did not have power to make the by-law. 2 In accordance with the provisions of s. 246 of the Strata Schemes Management Act 2015 the Owners Corporation shall cause a certified copy of the order made herein 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. Catchwords: Invalidity of special by-law prohibiting illegal uses including short term lettings – by-law capable of operating to prohibit or restrict the devolution of a lot or a transfer, lease, mortgage or other dealing related to a lot. Legislation Cited: Strata Schemes Management Act 2015 ss. 139, 150 and 246. Cases Cited: Burns v Dennis [1948] 48 SR (NSW) 266 Category: Principal judgment Parties: Peta Maree Estens – Applicant Owners Corporation SP 11825 – Respondent Representation: The applicant appeared in person. Mr O'Neill, strata manager, appeared on behalf of the respondent. File Number(s): SC 17/16265 Publication restriction: Nil