The Owners-Strata Plan No 14593 v Soares [2019] NSWCATAP 35

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners-Strata Plan No 14593 v Soares [2019] NSWCATAP 35 Hearing dates: 23 January 2019 Date of orders: 06 February 2019 Decision date: 06 February 2019 Jurisdiction: Appeal Panel Before: The Hon F Marks, Principal Member D Charles, Senior Member Decision: (1) Order No 1 made in proceedings SC 18/26649 is varied by deleting it and substituting therefor; 1 Consequent upon the finding made by the Appeal Panel that the Owners Corporation is in breach of section 106 of the Strata Schemes Management Act 2015 it shall undertake forthwith the following works in the rear yard of the property at 617 New South Head Road Rose Bay namely the laying of concrete pavers measuring 450 x 600 mm over a compacted sand and cement base from the rear doors of lots 1 and 2 over all that part of the common property shown in a plan in the form produced by the parties to these proceedings at the appeal hearing on 23 January, 2018 and marked with cross-hatching, up to the laundry door.

(2) Order No 2 made in proceedings SC 18/26649 is varied by deleting it and substituting therefor; 2 (a) The Respondent, The Owners – Strata Plan No 14593 is ordered within 14 days hereof to seek at least two tenders from persons or entities for the work of cleaning, gardening, mowing and general maintenance of the common property of the Owners Corporation and for the work of managing the rubbish and recycling bins used for the collection, disposal and storage of garbage materials, recycling materials and garden waste in and about the common property of the Owners Corporation and to award a contract for such work to commence within a further 14 days. In so doing the Owners Corporation may, at its discretion, utilise the services of the strata manager for this purpose.