Looks like the original post has been deleted, but I’ll still try and help …
@Whale said:
It’s a bit of a stretch, but in my opinion an argument could be mounted that the UOE originally allocated to the penthouse Lot became unreasonable when that part of the parcel that comprises the roof area (common property) was effectively made part of that Lot by virtue of an exclusive use by-law, with no adjustment then being made to that Lot’s UOE to reflect the consequent increase in “value”.
With respect, I do not agree that an exclusive use by-law adding value to a lot would give rise for grounds to a section 183 application. I do not think your interpretation of section 183(2)(b) is correct. I think the key words in that subsection are “change in the permitted land use”. I do not think an exclusive use by-law can make such a change.
There is at least one Tribunal decision that is in comformity with my view (Owners Corporation SP 56928 v The Secretary Owners Corporation SP 56928 [2010] NSWCTTT 232).
However, not all is lost for the op. Had he not deleted his post, I could probably help a bit more, but nevertheless, it seems the op could apply for adjudicator’s orders under section 158(1)(c) on the basis that the maintenance conditions of the by-law are unjust. There are a line of decisions of the Tribunal and/or adjudicators which give a pretty good picture of when orders under that section will be made.
Your O/C’s Application for Orders should be on THIS form, and if that is granted, then THIS form needs to be submitted to NSW Land & Property Information.
That application form is not the one for section 183 applications. It should be the application form for Tribunal orders (not Adjudicator’s orders) which should be used for a section 183 application.