77 RUTTLEYS ROAD WYEE

LAND LAW — strata title — common property — staged development — interpretation of strata plan of subdivision excepting “pipes, wires, ducts, and cables” from lot property — whether gutters and downpipes fall within exception as “pipes”. LAND LAW — strata title — owners corporation — powers, duties, rights and liabilities — duty to maintain and repair common property — breach of duty — failure to repair gutters and downpipes over extended period — whether specific work order necessary to ensure compliance.

COSTS – Section 60 of the Civil and Administrative Tribunal Act 2013 (NSW) – special circumstances

STRATA TITLES LAW – Repeal of by-law – enforcement of settlement agreement reached at mediation under Part 12 Division 2 of the Strata Schemes Management Act 2015 – resolution to repeal by-law in consequence of settlement agreement – refusal by lot owner to consent to the repeal – power of Tribunal to make an order under s 149 of the Strata Schemes Management Act 2015 – whether refusal was unreasonable ADMINISTRATIVE LAW – power of the Tribunal under s 58 of the Civil and Administrative Tribunal Act to impose conditions