Maber & Anor and The Owners of Strata Plan 11391

The case before the court involved Maber and another party, as plaintiffs, against the owners of Strata Plan 11391, as defendants. The plaintiffs sought a declaration that the erection of a window on common property in the strata title did not require the resolution of the owners' corporation. The defendants argued that such an alteration to common property necessitated a resolution from the corporation. The court was tasked with determining the nature of the restrictions that applied to alterations on common property within a strata scheme.

The central legal issue was whether the erection of a window on common property in a strata title required a resolution by the owners' corporation or if it could be done without such a resolution. The plaintiffs contended that the restriction was not about the control and management of the common property but rather about the nature of the alteration. The defendants argued that any alteration to common property should be subject to a resolution by the corporation to ensure it was in line with the strata plan and the interests of all lot owners.

The court found that the resolution required was not about the control and management of the common property but about the nature of the alteration. The court concluded that the resolution without dissent was sufficient to allow for the erection of a window on common property. This decision was based on the understanding that the restriction was not intended to give the owners' corporation unfettered control over minor alterations, but rather to ensure that significant changes were properly considered and agreed upon by all lot owners. The court held that the resolution without dissent was adequate to address the nature of the alteration in this instance.

The court's final order was that the resolution without dissent was sufficient for the erection of a window on common property. This ruling clarified the scope of the restrictions on alterations to common property within a strata scheme, providing a balance between the rights of individual lot owners and the need for collective decision-making.