EFFICIENT BUILDING TEAM PTY LTD and THE OWNERS OF 25, 27, 29, 31 PARRY STREET FREMANTLE STRATA PLAN 6413

Efficient Building Team Pty Ltd (Efficient) and the Owners of 25, 27, 29, 31 Parry Street, Fremantle, Strata Plan 6413 (Owners) were before the Tribunal in relation to a dispute over parking arrangements on common property. Efficient sought declarations and orders concerning the validity of certain resolutions and a by-law. The Tribunal was required to decide on the validity of a by-law and two resolutions made by the strata company, and whether a penalty should be imposed for non-compliance with the Tribunal’s decision.

The Tribunal found that the by-law notified to Landgate on 31 May 2021 was not invalid, and the resolution of 2 February 2021 was not invalid, but the resolution of 6 July 2020 was invalid. The Tribunal concluded that the Owners had passed the resolution of 2 February 2021 and a resolution without dissent authorising the by-law, but had not passed the resolution of 6 July 2020. The Tribunal also found that it was not necessary to make a declaration under section 95 of the Strata Titles Act 1985 (WA) as there was no evidence to suggest that either party would fail to comply with a decision of the Tribunal.

The Tribunal declared that the by-law was not invalid and that the resolution of 6 July 2020 was invalid, but the resolution of 2 February 2021 was not invalid. The Tribunal ordered that the Owners were taken to have passed the resolution of 2 February 2021 and a resolution without dissent authorising the by-law, but had not passed the resolution of 6 July 2020. The application was otherwise dismissed.