Council Of Owners - Strata Plan 8969 and Cleaver-Wilkinson

This case involves an application by the Council of Owners of Strata Plan 8969 (the Applicant) against Ian and Michele Cleaver-Wilkinson (the Respondents) for an order that the Respondents remove a solar hot water system installed on the common property roof without approval. The Respondents applied for retrospective approval to the strata company, but this was not granted. The State Administrative Tribunal (the Tribunal) was tasked with deciding whether the order for removal should proceed, considering the Respondents' bona fide belief that retrospective approval could be granted, and the significance of non-compliance with governance requirements. The Tribunal found that the Respondents genuinely believed they could obtain retrospective approval and there was no flagrant disregard for governance procedures. The Tribunal concluded that the process for determining the feasibility of installing solar hot water systems for all owners should be properly concluded. The Tribunal made orders requiring the Respondents to obtain necessary advice on the roof's capacity, prepare draft by-laws, and bear the cost of an extraordinary general meeting. The proceedings were stayed, to be revisited once the process was completed, with the Applicant entitled to the order sought unless there were discretionary factors suggesting otherwise. The Tribunal emphasised the importance of the Applicant cooperating with the Respondents to see the process through to finality.