In 2025, the NCAT Appeal Panel delivered a decision that serves as a timely reality check for NSW lot owners. Evans v The Owners – SP 40841 [2025] NSWCATAP 113 asks a simple question: when is “good enough” legally good? The case confirms that an Owners Corporation must repair and maintain common property—but is not required to upgrade or improve it. Julian and Renee often speak with clients who want strata schemes to modernise older systems or fix minor inconveniences. This decision makes it clear that legal obligations are based on functionality, not preference.
The dispute was brought by Ms Evans, a lot owner in a small four-lot scheme in Sydney. She complained about a noisy kitchen exhaust fan servicing another lot but venting through common property near her unit. She sought orders under section 106 for repair and maintenance, and the appointment of a compulsory strata manager under section 237. However, while the issue was inconvenient, there was no expert evidence of mechanical failure or any genuine fire risk.
The Appeal Panel dismissed the appeal and reinforced three key principles:
- There is no obligation to upgrade a system simply because a quieter or newer option exists. Section 106(1) requires maintenance, not improvement.
- Noise alone does not establish a failure to maintain. A legal obligation arises only where there is proven mechanical defect or failure.
- The appointment of a compulsory strata manager is an exceptional remedy. Minor disputes or personality conflicts in small schemes do not justify intervention under section 237.
The case also highlights the risks of speculative claims. Ms Evans alleged a fire risk without supporting expert evidence. Her appeal failed, and a costs order was made against her in favour of the Owners Corporation. NCAT made it clear that unsupported claims can expose lot owners to legal costs.
Evans v The Owners provides practical guidance for 2026:
- It prevents schemes from being forced into “gold-plated” upgrades to suit individual preferences.
- Complaints about noise or safety must be supported by independent expert reports, not personal opinion.
- Procedural rules matter—late submissions without valid reasons are unlikely to be accepted.
Ultimately, the case reinforces a simple legal standard: if a system is functional and safe, it is sufficient. The law does not require perfection.
Flash Conveyancing Advice:
Before pursuing a dispute with your Owners Corporation, obtain expert evidence and focus on genuine maintenance issues. Functionality—not preference—determines legal responsibility.
Flash Conveyancing, led by Julian & Renee, are specialists in property transactions across New South Wales. With extensive experience across councils including Blacktown, Hawkesbury, Blue Mountains, The Hills, Hornsby and Parramatta, they provide a personalised approach to every settlement. Whether you are buying or selling across Greater Western Sydney, your transaction will be handled smoothly, compliantly and with confidence.
