BORIS and THE OWNERS OF OBSERVATION RISE STRATA PLAN 24414

The case involved Boris, who sought to install a retractable pergola on his balcony, and the Owners of Observation Rise Strata Plan 24414. The dispute centred around the strata company's refusal to approve Boris's proposal, leading to legal proceedings in the Supreme Court of New South Wales. Boris argued that the strata company unreasonably withheld its approval, while the strata company contended that the proposal constituted a structural alteration that required approval under the Strata Titles Act.

The primary legal issue the court had to resolve was whether the installation of the retractable pergola constituted a structural alteration to common property, which would necessitate approval from the strata company. Additionally, the court had to determine if the proposed structure was not in keeping with the rest of the development and if the strata company's refusal to approve the proposal was reasonable. The court also had to consider the visibility of the proposed structure from outside Boris's lot and its impact on the aesthetic integrity of the development.

In its decision, the court found that the installation of the retractable pergola constituted a structural alteration to common property. The court held that the structure was visible from outside Boris's lot and would not be in keeping with the rest of the development. Consequently, the court ruled that the strata company's refusal to approve the proposal was not unreasonable. The court emphasised the importance of maintaining the aesthetic integrity of the strata scheme and the need for approval of structural alterations to common property.

The court's final order was that Boris's application for approval of the proposed retractable pergola was dismissed. The court found that the strata company had not acted unreasonably in withholding approval for the structural alteration.