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Council orders and by-laws

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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.

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          Michael’s areas of specialisation include:

          • Advice on obligations and disputes relating to the maintenance and repair of common property under section 106 of the Strata Schemes Management Act 2015.
          • Representation in claims related to breach of duty to maintain and repair common property.
          • Resolving complex strata disputes between lot owners and owners corporations.
          • Advice and litigation related to by-law disputes, including cases involving unreasonable refusal of by-law claims.
          • Advice and representation in loss of rent and damages claims before the NSW Civil and Administrative Tribunal (NCAT).
          • Handling disputes over unauthorised works to common property.
          • Claims involving unreasonable refusal of by-laws before NCAT.
          • Representation and advice on compulsory strata management orders under section 237 of the Strata Schemes Management Act 2015.
          • Legal counsel on retaining wall disputes.
          • Handling building defects claims, including appearances in the Tribunal and the Supreme Court of NSW.
          • Comprehensive litigation and alternative dispute resolution services.
          • Drafting and registering special by-laws tailored to the needs of individual strata schemes.

          Before founding Pobi Lawyers, Michael honed his skills at some of Sydney’s most respected strata law firms. He and his team regularly appear before the NSW Civil and Administrative Tribunal (NCAT) and participate in mediations, representing clients effectively in strata disputes and building defect litigation.

          Michael’s approach combines strategic legal counsel with practical, client-focused solutions, helping clients achieve the best possible outcomes. His personal experience living in a 12-lot strata scheme for 13 years, including 2 years serving on the strata committee, gives Michael unique, firsthand insights into the everyday complexities faced by his clients.

          This blend of professional expertise and lived experience enables Michael to provide pragmatic and insightful legal advice, ensuring his guidance is both legally sound and practically relevant.

          Qualifications and Memberships:

          • Diploma in Law, Legal Profession Admission Board/University of Sydney (2003)
          • Graduate Diploma of Legal Practice, College of Law, St Leonards (2003)
          • Diploma of Biblical Studies (2020)
          • Admissions to the Supreme Court of NSW and the High Court of Australia (Current)
          • Member of the Law Society of NSW (Current)
          • Former Member, Australian College of Strata Lawyers (ACSL), 2013 – 2023