Harold & Gladys Verryt and Ann Williams

Harold and Gladys Verryt and Ann Williams were involved in a dispute with a neighbouring strata lot owner over alterations made to the respondent's property. The applicants sought an order under the Strata Titles Act for the removal of the alterations and for the respondent to pay their costs. The dispute centred on whether the respondent had complied with the notice requirements and whether the alterations were in keeping with the rest of the building. The matter was heard by the Tribunal, which had to decide whether the respondent's alterations breached the strata bylaws.

The Tribunal considered whether the respondent's alterations constituted a structural change to the property, which would require prior notice to the strata company. The applicants argued that the external side door and security door constituted a structural alteration, while the respondent claimed the sliding security door was fitted in the same opening as the previous external window/sliding door. However, the applicants conceded that the alterations did not cause any significant inconvenience or detriment, rendering the issue of structural alteration moot. The Tribunal then turned to whether the changes breached the requirement to obtain written consent from the strata company if the changes were visible from outside the lot and not in keeping with the rest of the building.

The Tribunal found that no written consent was obtained from the strata company, and the work was visible from outside the lot. The term "in keeping with" was interpreted to mean "in harmony with" and not "not to clash," as argued by the respondent. The Tribunal emphasised that the extent of similarity required in a strata unit development is subjective and should be determined by the body corporate. The photographic evidence provided by the parties was sufficient for the Tribunal to determine that the respondent's alterations did not comply with the requirement to be in keeping with the rest of the building.

The Tribunal found that the respondent's alterations breached the strata bylaws and ordered the respondent to remove the alterations and pay the applicants' costs. The Tribunal exercised its power under section 83 of the Strata Titles Act to make an order for the settlement of the dispute. The final orders included the removal of the alterations and the payment of costs by the respondent to the applicants.