Dalton v The Owners - Units Plan No 7220 (Unit Titles)

The Tribunal reviewed a dispute between Mr Dalton, a unit owner, and the Owners Corporation of Units Plan No 7220. Mr Dalton sought approval for alterations to his unit's rear balcony railing and wiring. The dispute arose when the Owners Corporation rejected the motion to approve the alterations at the annual general meeting held on 10 December 2024. The legal issues before the Tribunal centred on whether the Owners Corporation had acted reasonably and in accordance with the Unit Titles Act when it rejected the motion and on whether the Tribunal had the jurisdiction to intervene in the decision-making process of the Owners Corporation.

The Tribunal held that the Owners Corporation had not acted reasonably in rejecting the motion, as the evidence showed that the proposed alterations did not breach the unit plan or cause detriment to the common property. The Tribunal also found that it had jurisdiction to review the decision under the Unit Titles Act, as the Owners Corporation had not provided a satisfactory explanation for its decision. The Tribunal set aside the decision of the Owners Corporation and substituted it with a decision to approve the motion. The Tribunal emphasised that the Owners Corporation must act reasonably and in accordance with the unit plan when making decisions affecting the common property and individual units.