Tribunal Invalidates Strata Resolutions and By-Laws
📌 In brief
In this case, the Tribunal ruled in favour of an owner who challenged decisions made at a strata corporation's extraordinary general meeting (EGM). The motions to dissolve the a person and re-elect members were invalidated. Additionally, two special by-laws were declared invalid from their registration date.
⚖️ Legal holding
A strata corporation's resolutions can be invalidated if they contravene the Strata Schemes Management Act 2015.
📖 Technical summary
The Tribunal invalidated certain motions and by-laws of a strata corporation but declined to appoint a new managing agent.
📚 Full judgment
The summary, holding and questions above are VadeLab’s own material. The official decision itself is published by the court, and we do not reproduce it on this page.
📄 Read the full judgment⚖️ View on the official court website ↗
📊 How courts decide similar cases
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A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The Tribunal invalidated motions 3 and 4 from the EGM because the applicant sought to have them invalidated.
- Special by-law 4 was invalidated because it was designed to intimidate owners from seeking to resolve grievances.
- Special by-law 5 was invalidated because it imposed an arbitrary and unreviewable burden on owners suspected of breaching a by-law.
- The Tribunal is solely responsible for awarding costs in its jurisdiction, which overrides arbitrary by-laws.
- Special by-law 5 conflicted with the penalty provisions of the Strata Schemes Management Act, providing further grounds for invalidation.
❌ Tends to be rejected
- The applicant's request to amend the parking by-law was rejected because there was no evidence they had first approached the respondent with a motion to amend it.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tribunal invalidated certain resolutions passed at an EGM of a strata corporation and declared specific by-laws invalid.
Who was involved?
An owner in a strata scheme challenged decisions made by the strata corporation's committee.
How did the court decide, and why?
The Tribunal found that the resolutions contravened the Strata Schemes Management Act 2015 and declared them invalid.
Which laws or rules were applied?
Strata Schemes Management Act 2015 sections 24 and 150, Civil and Administrative Tribunal Act 2013 section 38.
Was the decision for or against the person who brought the case?
The decision was in favour of the owner who brought the case.
What does this mean for someone in a similar situation?
Someone facing similar issues with their strata corporation may have grounds to challenge resolutions and by-laws if they contravene statutory requirements.
What evidence or documents mattered?
The applicant provided reports detailing maintenance needs, minutes of meetings, and correspondence as key pieces of evidence.
Can a decision like this be appealed?
Yes, decisions from the NSW Civil and Administrative Tribunal can often be appealed to higher courts.
Is it worth getting a solicitor for a case like this?
It is advisable to seek legal advice from a qualified solicitor for such cases.