The Owners of Rosneath Farm Survey Strata Plan 35452 and Rowell & Anor

The dispute between the Owners of Rosneath Farm Survey Strata Plan 35452 and Rowell & Anor was adjudicated by the State Administrative Tribunal of Western Australia. The central issue was the legality of the respondents' occupation of the building on the common property, specifically the "Pink House", and whether the Strata Titles Act 1985 (WA) empowered the strata company to apply for the respondents to vacate the premises. The respondents argued that they had superior rights to the common property, while the applicants contended that the respondents' occupation was exclusive and not for the benefit of all proprietors.

The Tribunal considered whether the strata company was authorised to apply under section 31 of the Strata Titles Act 1985 (WA), focusing on the nature of the common property and the rights of the proprietors. It was determined that the respondents' occupation of the Pink House was exclusive and not for the benefit of all proprietors, thereby violating the principles of the Act. The Tribunal also found that the respondents' occupation was not in accordance with the rights and obligations outlined in the Strata Titles Act 1985 (WA).

The Tribunal ruled that the respondents must vacate the Pink House and remove all personal effects and fixtures, and restore any damage caused by their removal. It was declared that the orders were subject to the State Administrative Tribunal Act 2004 (WA), ensuring the enforceability of the Tribunal's decision. The final orders required the respondents to vacate the Pink House by a specified date, remove their belongings, and make good any damage caused by the removal process.