Crockett & Anor and Munroe & Anor

Crockett and another, the applicants, sought relief from the State Administrative Tribunal in relation to strata unit 3 of the Sunningdale Strata Plan 5189. They sought the consent of the owners of the Strata Plan to extend the existing half balcony into a full balcony, and the making of a bylaw to allow for the installation of glass panels and stainless steel posts on the extended balcony. Munroe and another, the respondents, opposed the application. The dispute was heard by Senior Member Clive Raymond. The central legal issues were whether the applicants were entitled to the consent of the Strata owners to extend the balcony and whether the refusal to consent was unreasonable. The Tribunal also had to decide whether it should exercise its powers under the Strata Titles Act 1985 (WA) to make a bylaw permitting the installation of glass panels and stainless steel posts on the balcony.

The Tribunal considered the evidence and submissions from both parties, the relevant provisions of the Strata Titles Act 1985 (WA), and the principles of strata law. The Tribunal concluded that the proposed alteration to the balcony was not unreasonable and would not cause damage or materially affect the structure or appearance of the building. The Tribunal also found that the refusal to consent was unreasonable and that it should exercise its powers to make a bylaw permitting the installation of glass panels and stainless steel posts on the balcony. The Tribunal made orders granting the applicants' relief and recording the orders on the registered strata plan.

The Tribunal made orders granting the applicants' relief and recording the orders on the registered strata plan. The orders required the Strata owners to consent to the proposed balcony extension, subject to certain conditions. The Tribunal also made a bylaw permitting the installation of glass panels and stainless steel posts on the balcony, subject to the same conditions. The applicants were required to ensure compliance with the orders.