Ashbee v The Owners - Strata Plan No 11761 [2018] NSWCATCD 80

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ashbee v The Owners - Strata Plan No 11761 [2018] NSWCATCD 80 Hearing dates: 11 September 2018 Date of orders: 04 December 2018 Decision date: 04 December 2018 Jurisdiction: Consumer and Commercial Division Before: P Boyce, Senior Member Decision: (1) Pursuant to s 127 of the Strata Schemes Management Act 2015 declares that the applicant, Kimberley-Ann Ashton Ashbee's, proposed air-conditioning installation for Lot 141 Strata Plan 11761 is a minor renovation for the purposes of s 110 of the Act;

(2) Pursuant to s 126(1) of the Strata Schemes Management Act 2015 orders that on or before 22 December 2018, The Owners - Strata Plan No 11761 consent to the air-conditioning installation for Lot 141 work proposed by the applicant, Kimberley-Ann Ashton Ashbee, in her terms of motion put to the general meeting of the owners corporation on 16 November 2017, including the minor renovations to the common property directly affecting the owner's Lot 141 on the terms set out in the explanatory note prepared by the applicant.

(3) Pursuant to s 126(5) of the Strata Schemes Management Act 2015 orders that the applicant, Kimberley-Ann Ashton Ashbee, is to be responsible for the ongoing repair and maintenance of the additional property arising from the minor renovation approved under these orders. Catchwords: LAND LAW-strata scheme-declaration of minor alterations-minor alterations unreasonably refused by owners corporation- order that owners corporation approve the works Legislation Cited: Strata Schemes Management Act 2015 (NSW) Strata Schemes Management Regulation 2016 (NSW) Cases Cited: Curragh Coal Sales Co Pty Ltd v Wilcox (1984) FCR 46 Category: Principal judgment Parties: Kimberley-Ann Ashton Ashbee (Applicant) The Owners - Strata Plan No 11761 (Respondent) Representation: Solicitors: Spiers Ryan (Applicant) Kerin Benson Lawyers (Respondent)