Duty to reinstate common property – The Owners – Strata Plan 21702 v Krimbogiannis [2014] NSWCA 411


Decision: 5 December 2014

Did you know that an owners corporation is required to reinstate any common property which has been removed or altered without authorisation? On 5 December 2014, Basten, Macfarlan and Meagher JJA held in The Owners – Strata Plan 21702 v Krimbogiannis [2014] NSWCA 411 that where an occupier or owner of a lot removes common property without authorisation under section 62 of the Strata Schemes Management Act 1996 (NSW), the owners corporation has a duty to reinstate that common property and seek access to the lot to perform such works. If access is not voluntarily provided, the owners corporation must seek a Tribunal or court order that such access be provided.