The Community Association DP No 270193 v Dib

The Community Association DP No 270193, as the authorised body for the community title scheme, brought proceedings against Georgette Dib in the Supreme Court of Queensland. The dispute centred around Ms Dib’s construction of a pergola on her lot without the requisite approval from the Association. The Association claimed that the pergola constituted an unauthorised alteration to the lot, contravening the provisions of the Community Titles Act 1998. The Association sought an order compelling Ms Dib to remove the pergola and restore the lot to its original condition.

The primary legal issue before the court was whether Ms Dib’s construction of the pergola constituted an unauthorised alteration that required the Association’s approval. The court had to determine the extent of the Association’s regulatory powers under the Act and assess whether the pergola installation warranted such approval. Additionally, the court needed to consider the appropriate remedy in the event that the pergola was indeed an unauthorised alteration.

Justice Byrne, in delivering the judgment, held that the pergola constituted an unauthorised alteration as it involved physical changes to the lot’s structure. The court found that such alterations necessitated the Association’s approval, which had not been obtained. The judge emphasised that the Association's regulatory powers under the Act were intended to ensure uniformity and adherence to the community title scheme’s regulations. Consequently, Ms Dib was directed to remove the pergola and restore the lot to its original state. The court ordered Ms Dib to complete these actions by 5 December 2022.