Floro v Owners - Unit Plan No 630

Floro v Owners - Unit Plan No 630 involved a dispute between a unit owner, Floro, and the Owners Corporation regarding the installation of a carport. The matter was heard by the Australian Civil Appeals Tribunal (ACAT). The primary issue before the Tribunal was whether the proposed carport would constitute an encroachment on common property and, if so, whether such an encroachment could be permitted under the provisions of the Unit Titles (Management) Act 2011.

The Tribunal examined the specific requirements and conditions outlined in the Unit Plan to determine whether the proposed carport complied with these provisions. It was noted that the carport design involved a 30cm encroachment over the common property to install two supporting poles and allow for a 30cm roof overhang over an adjoining garden. The Tribunal's task was to balance the rights of the individual unit owner to enjoy their property against the need to maintain the common property in accordance with the Unit Plan and the interests of other unit owners.

After considering the evidence and arguments presented, the Tribunal concluded that the proposed carport did indeed represent an encroachment on the common property. However, the Tribunal found that such an encroachment could be permitted under section 129(1)(g) of the Act, provided that the Owners Corporation Executive granted approval. The Tribunal emphasised the importance of the Owners Corporation Executive exercising their discretion in a manner that considered the interests of all unit owners and ensured that the common property was not unduly affected. The Tribunal granted the motion, thereby allowing the unit owner to proceed with the carport installation subject to the aforementioned conditions.