Letizia and Owners of Fraser Court On Strata Plan 8456

Letizia, a strata owner, sought to make alterations to the common property for various purposes including the removal of a wall, the creation of a pedestrian gate, and the use of a garden bed for vehicular access. Owners of Fraser Court, the body corporate, refused consent to the proposed alterations. The dispute came before the court which had to decide whether the refusal to approve the alterations was unreasonable. The court also had to consider if the decision-making process was inconsistent with the strata scheme.

The court held that the decision-making process was inconsistent with the strata scheme as it did not follow the proper procedure. However, the court found that the body corporate's refusal to consent to the alterations was not unreasonable. The court noted that the body corporate had concerns about the potential impact of the alterations on the aesthetic and functional aspects of the common property. The court found that the body corporate's decision was based on legitimate considerations and was not arbitrary or capricious.

As a result, the court dismissed the application. The court did not make any orders for the removal of the wall, the creation of a pedestrian gate, or the use of the garden bed for vehicular access. The body corporate's decision to refuse consent to the proposed alterations was upheld.