Bate v The Owners-Strata Plan No SP 60549 and Anor; Birdsall v Bate [2018] NSWCATCD 36

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bate v The Owners-Strata Plan No SP 60549 and Anor; Birdsall v Bate [2018] NSWCATCD 36 Hearing dates: 14 March 2018 Date of orders: 03 August 2018 Decision date: 03 August 2018 Jurisdiction: Consumer and Commercial Division Before: G.J. Sarginson, Senior Member Decision: In Matter SC 17/42189 (1) The application for an order invalidating a resolution passed at a general meeting on 22 August 2017 under s 24 of the Strata Schemes Management Act 2015 is dismissed. (2) The application for an order appointing a compulsory strata manager under s 237 of the Strata Schemes Management Act 2015 is dismissed. (3) The application for an order that the owners corporation be directed to consent to existing or proposed alterations to common property under s 126 of the Strata Schemes Management Act 2015 is dismissed. (4) On or before 6 weeks from the date of this decision, the owners corporation in respect of The Owners-Strata Plan No 60549 is directed to convene a general meeting to consider Motions that: (i) the owners corporation consent to the installation of the awnings on Lot 3; and (ii) an exclusive use by-law be passed in respect of the awnings. (5) The owner of Lot 3 is to provide to the owners corporation, in accordance with the relevant provisions of the Strata Schemes Management Act 2015 and the Strata Schemes Management Regulation 2016 a copy of a proposed exclusive use by-law prior to the general meeting.

In Matter SC 18/00627 (1) The application for an order under s 232 of the Strata Schemes Management Act 2015 that the owner of Lot 3 remove awnings and restore common property is dismissed.