LAND LAW — strata title — statutory interpretation — whether New South Wales Civil and Administrative Tribunal has the power to apportion liability for insurance premiums for damage policies under s 162 of the Strata Schemes Management Act 2015 (NSW) where no non-strata part in building — application of ss 160 and 162 — where strata management statement apportioned liability for insurance inconsistently with s 162
Quick Take
1Section 160(2) of the Strata Schemes Management Act 2015 (NSW) applies to buildings comprised entirely of two or more strata schemes with no non-strata part; s 160(1) is confined to a single strata scheme for the whole of a building, and the word 'any' before 'other person' in s 160(2) means the presence of a non-strata owner is not a precondition to the section's operation.
2Section 162 of the Strata Schemes Management Act 2015 (NSW) provides an objective default method for apportioning insurance premiums whenever damage policy liability is shared within a building containing at least one strata part; to the extent a registered strata management statement prescribes a different apportionment, it is of no effect by reason of s 105(5) of the Strata Schemes Development Act 2015 (NSW).
3The jurisdictional precondition for the Tribunal to exercise power under ss 162(3) and 162(4) is the existence of the statutory requirement to insure imposed by s 160, not the existence of a compliant damage policy; non-compliance of actual insurance policies with ss 160–161 does not deprive the Tribunal of power to determine replacement values and adjust premium proportions.
