Walker Corporation Pty Ltd v The Owners – Strata Plan No 61618

[2023] NSWCA 125

NSW Court of Appeal

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Interrogate

Catchwords

1. Land Law
2. › Strata title
3. › Strata management statement
4. › Validity of clause requiring owners corporations to appoint and retain same strata managing agent as building management committee
5. › Whether clause inconsistent with Strata Schemes Management Act 2015 (NSW)
6. › Whether clause authorised by Strata Schemes Development Act 2015 (NSW)
7. › Strata Schemes Development Act 2015 (NSW), ss 99, 100, 105(5), Sch 4
8. › Strata Schemes Management Act 2015 (NSW), ss 9, 10, 49, 50, 52, 72, 237
1. Land Law
2. › Strata title
3. › Strata managing agent
4. › Appointment and delegation of functions
5. › Whether owners corporation's power to appoint strata managing agent can be overridden by strata management statement
6. › Lot owner democracy
7. › Strata Schemes Management Act 2015 (NSW), ss 49, 50, 52

Quick Take

An SMS cannot validly require owners corporations to appoint and retain a particular strata managing agent, as this is inconsistent with the Management Act's vesting of that power in the owners corporation.