Owners Corporation SP65564 v Community Association DP270215 [Jacksons Landing] [2018] NSWCATCD 29

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Owners Corporation SP65564 v Community Association DP270215 [Jacksons Landing] [2018] NSWCATCD 29 Hearing dates: 2 August 2017 Date of orders: 10 October 2018 Decision date: 10 October 2018 Jurisdiction: Consumer and Commercial Division Before: Gregory Burton SC, Senior Member Decision: 1. Order pursuant to s 81 of the Community Land Management Act 1989 (NSW) ("CLMA") that by-law 23.1, the words "and all Subsidiary Body Property" in by-law 26.1 and by-law 26.5 of the by-laws in the respondent Community Association's management statement are revoked on the basis that they are invalid. 2. Order pursuant to s 82 of the CLMA that the following purported resolutions of the respondent Community Association are invalidated: (a) the purported special resolution purportedly passed at the special general meeting of the respondent on 16 June 2016 purportedly authorising the addition of by-law 26.5; (b) the purported resolutions purportedly passed at the meeting of the executive committee of the respondent on 14 April 2016 numbered 5(c)-(g). 3. Direct the parties to file with the Tribunal and serve on each other on or before 24 October 2017 the following: (1) Draft further orders (if any) to give effect to these reasons, to make any variation in the drafting of the orders made today that is seen to be desirable to give effect to these reasons, and for the future conduct of the proceedings (showing parts agreed and disagreed in those draft orders and reasons for disagreement). (2) Written submissions as to the matters in (1). (3) Written submissions as to costs of the proceedings to date and of the separate question in light of these reasons, including provision of any privileged offers admissible on questions of costs and submissions thereon. Catchwords: Community and strata schemes – whether community management statement can be altered by a special resolution against opposition of some owners to impose a uniform obligation for management across all common property in subsidiary strata schemes - whether non-consensual financial impositions can be on proportions other than the unit entitlement in the community scheme - effect of registration if special resolution void by reason of later statute than Torrens legislation Legislation Cited: Community Land Development Act 1989 (NSW) Community Land Management Act 1989 (NSW) Real Property Act 1900 (NSW) Strata Schemes Development Act 2015 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Humphries v Proprietors "Surfers Palms North" Group Titles Plan 1955 (1994) 179 CLR 597 OC68751 v CA DP270281 [2015] NSWCATCD 99 Owners SP 3397 v Tate (2007) 70 NSWLR 344, [2007] NSWCA 207 Re Coldham; ex parte Brideson (1989) 166 CLR 338 Stanizzo v Secretary, Dept of Justice NSW [2016] NSWSC 348 Category: Principal judgment Parties: Owners Corporation SP65564 (applicant) Community Association DP270215 (respondent) Representation: Counsel: D Knoll AM (Applicant) R Lovas (Respondent)