Endre v The Owners - Strata Plan No. 17771 [2019] NSWCATAP 93

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Endre v The Owners - Strata Plan No. 17771 [2019] NSWCATAP 93 Hearing dates: 26 March 2019 Date of orders: 17 April 2019 Decision date: 17 April 2019 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member J McAteer, Senior Member Decision: 1. The appeal is allowed and orders 2.3 and 2.4 made in application SC 18/33509 on 14 November 2018 are set aside.

2. Subject to order 5:

(a) The Tribunal makes a work approval order in respect of the 6 skylights previously installed in the roof of the building above Lot 2 in SP 17771 in the locations depicted in the photographs at p 48 of strata application SC 18/33509 dated 10 May 2018;

(b)The work approval order is to have effect on and from 30 June 2014;

(c) The owner of Lot 2 in SP 17771, and any subsequent owner, is to have ongoing responsibility for the repair and maintenance of the 6 skylights in the roof of the building.

3. Order 1 made in application SC 17/39487 on 14 November 2018 (November Orders) is varied as follows:

(a) The roof is to be inspected by the experts as provided in order 1.1 for the purpose of assessing whether, in light of the work approval order authorising the skylights, additional work is required to strengthen the roof structure to that which would have been required if the skylights were removed.

(b) To the extent additional work is required, orders 1.1, 1.2, 1.3 and 1.4 operate in respect of that work.

(c) The work to be carried out by the respondent (owners corporation) is to include the installation of window safety devices for each skylight as required by s 118 of the Strata Schemes Management Act, 2015 and in accordance with Reg 30 of the Strata Schemes Management Regulation, 2016.