The Owners – Strata Plan No 47561 v Nowland [2014] NSWSC 483

Background

The owners corporation sought orders compelling a lot owner to remove unauthorised structures from rooftop area of common property. By an amended summons the owners corporation sought access to Exclusive Use Area attached to lot so it could carry out work it contended was subject of order made pursuant to Environmental Planning and Assessment Act 1979 (NSW) requiring demolition of unauthorised work done since development approval was obtained by previous lot owner.

The Decision

The Supreme Court of NSW held no authority for proposition that Court had inherent jurisdiction to order access to Exclusive Use Area to enable owners corporation to comply with council order.

Ramifications of Decision

The decision serves as a timely reminder for owners corporations when drafting exclusive use bylaws to properly define the extent of the exclusive use area including the rights and responsibilities of the lot owner attached to that area.