Thoo v The Owners Strata Plan No. 50276

Thoo v The Owners Strata Plan No. 50276 [2011] NSWSC 657

Decision: 28 June 2011
The Supreme Court held the owners corporation had breached section 62(2) of the Strata Schemes Management Act 1996 (NSW) by failing to provide reasonable exhaust ventilation capacity from the exhaust ventilation system in the common property to Lot 17.  It also held that a resolution passed by the owners corporation, pursuant to section 62(3) of the Strata Schemes Management Act 1996 (NSW), that it was inappropriate for the owners corporation to renew or replace the mechanical ventilation exhaust system of the common property and that such decision would not affect the safety of any building, structure or common property in the strata scheme, or detract from the appearance of any property in the strata scheme was invalid, null and void because it failed to comply with the requirements for resolutions under section 62(3).