Ghabour v The Owners - Strata Plan No. 53284

The case of Ghabour v The Owners - Strata Plan No. 53284 arose from a dispute in a strata scheme in Melbourne where the applicant, Ghabour, had installed security cameras on common property without any by-law or resolution from the owners corporation. Following an objection from another unitholder, the owners corporation issued a notice to comply and subsequently directed the removal of the cameras. Ghabour challenged the validity of the direction to remove the cameras, leading to proceedings in the Supreme Court of Victoria. The court was tasked with determining whether the owners corporation had the authority to direct the removal of the cameras and whether the direction was valid.

The central legal issue before the court was whether the owners corporation had the authority to direct the removal of the cameras installed by Ghabour. Ghabour argued that since there was no by-law or resolution prohibiting the installation of cameras on common property, the owners corporation lacked the authority to direct their removal. Conversely, the owners corporation contended that it had the authority to manage the common property and could direct the removal of anything that it deemed an encroachment or a nuisance.

The court found that the owners corporation had the inherent power to manage the common property and to direct the removal of anything that could be considered an encroachment or a nuisance, regardless of the absence of a specific by-law or resolution. The court held that the owners corporation's direction to remove the cameras was valid and dismissed Ghabour's application. The reasoning of the court was based on the principle that owners corporations have inherent powers to maintain the common property and ensure it is not used in a manner that could be detrimental to other unitholders. The court concluded that the owners corporation's direction was within its inherent powers and did not require a specific by-law or resolution to be valid.