Ghabour v The Owners – Strata Plan No. 53284 [2019] NSWCATCD 18

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ghabour v The Owners – Strata Plan No. 53284 [2019] NSWCATCD 18 Hearing dates: 19 February 2019 Date of orders: 26 February 2019 Decision date: 26 February 2019 Jurisdiction: Consumer and Commercial Division Before: S A McDonald, Senior Member Decision: (1) Application dismissed. Catchwords: Strata schemes – installation of security cameras on common property by unitholder – no by-law or resolution of owners corporation in support – notice to comply – direction to remove by owners corporation Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Strata Schemes Management Act 2015 Cases Cited: Gurram v Owners Corporation SP36589 [2018] NSWCATCD 39; Lai v. Community Association DP 270214 [2016] NSWCATCD 58; The Owners – Strata Plan 30198 v Barnes [2018] NSW CATCD 8 Yardy v Owners Corporation SP57237 [2018] NSWCATCD 19; Category: Principal judgment Parties: Hanan Ghabour (Applicant) The Owners – Strata Plan No. 53284 (Respondent) Representation: Applicant (self-represented) Branis Rolj (Strata Manager, All Suburbs Strata Management) (Respondent) File Number(s): SC 18/42524 (Interim Relief – SC 18/42521) Publication restriction: Unrestricted

REASONS FOR DECISION

Introduction 1. This is an application by the owner of Unit XX, XXX-XXX The XX, Gymea, NSW, 2227 (being Lot 10 in Strata Plan 53284) (the unit) seeking relief in the Tribunal pursuant to ss 24, 126, 131 and 232 of the Strata Schemes Management Act 2015 (SSMA). That relief is sought in respect of certain notices and directions issued by the Respondent (being The Owners – Strata Plan No. 53284) to the Applicant on or about 25 August 2018 to remove two security cameras which were affixed to the external wall of Unit 10 and certain pot plants on common property adjacent to Unit 10.