BLAKENEY and THE OWNERS OF WESTCOURT WEST PERTH STRATA PLAN 37494

The case between Blakeney and the Owners of Westcourt West Perth Strata Plan 37494 involved a dispute regarding the re-assessment of unit entitlements within a strata title scheme. The dispute arose due to a change in the aggregate value of the lots within the scheme, which subsequently affected the unit entitlements of each lot. The matter was heard in the Tribunal, which had the authority to authorise amendments to the schedule of unit entitlements in accordance with the Strata Titles Act 1985 (WA). The key legal issues that the Tribunal needed to decide were whether the amendment of the schedule of unit entitlements was necessary and whether the process of determining the capital value of each lot was conducted in accordance with the relevant legislation and regulations.

The Tribunal examined the provisions of the Strata Titles Act and the Strata Titles (General) Regulations 2019 (WA) to determine if the amendment of the schedule of unit entitlements was warranted. The Tribunal found that the amendment was necessary to ensure that the proportion that each unit entitlement bore to the sum of all unit entitlements did not deviate by more than 5% from the proportion that the value of each lot bore to the sum of the value of all lots in the strata titles scheme. The Tribunal also considered Regulation 54 of the Strata Titles (General) Regulations 2019 (WA), which outlines the process for determining the capital value of a lot. The Tribunal held that the licensed valuer must determine the capital value of a lot based on the standard level of internal fit out and finishes for that lot, which must be determined after conducting a physical inspection of the parcel of land and an internal inspection of as many lots in the strata scheme as is reasonably practicable.

In light of the above, the Tribunal authorised the amendment of the schedule of unit entitlements for the Westcourt West Perth Strata Plan 37494, ensuring that the unit entitlements were aligned with the proportionate values of each lot within the scheme. The Tribunal's decision emphasised the importance of conducting inspections of the lots as reasonably practicable in determining the capital value of each lot and the need for compliance with the relevant legislation and regulations. The Tribunal's decision provided clarity for the strata company and the owners of the lots, ensuring that the unit entitlements accurately reflected the proportionate values of each lot within the scheme.