THE OWNERS OF 216 BARKER ROAD, SUBIACO, STRATA PLAN 8596 and STIRLING BRASS FOUNDERS (WA) PTY LTD

Stirling Brass Founders (WA) Pty Ltd, a lessee of a strata lot, installed a juliette balcony on the property without the required strata approval, leading to a dispute with the owners of the adjacent strata lot. The matter was brought before the Supreme Court of Western Australia, which was tasked with determining whether the installation of the balcony without approval was permissible under the provisions of the Strata Titles Act 1985 (WA). The legal issues at the core of the dispute involved the interpretation and interplay of sections 7(5) and 103G(4) of the Act. Specifically, the court had to decide whether the alteration to the property could be considered a minor alteration that would not cause significant inconvenience or detriment to the other lot owners, thus potentially exempt from the requirement for strata approval.

The court considered the nature of the alteration, its impact on the other lot owners, and the broader principles of strata law. It examined whether the construction of the balcony constituted a minor alteration and whether it would result in significant inconvenience or detriment to the adjacent lot owners. The court concluded that the balcony did not meet the criteria for a minor alteration that would not cause significant inconvenience or detriment. This was because the balcony extended beyond the owner’s lot boundary and potentially impacted the privacy and enjoyment of the adjacent lot owners. The court emphasised that the construction of the balcony was not a minor alteration, and the owner had not demonstrated that it would not cause significant inconvenience or detriment to the other lot owners.

Ultimately, the court ruled in favour of the adjacent lot owners, finding that the installation of the balcony without strata approval was not permissible. The court stressed the importance of adhering to strata corporate governance and the need for lot owners to obtain the necessary approvals before making alterations to their properties. The decision underscored the significance of considering the impact of such alterations on neighbouring properties and the broader strata community. The court’s ruling reinforced the importance of compliance with strata legislation and the role of the court in ensuring the proper governance of strata schemes.