The Owners Of St John's Court - Rivervale Strata Plan 6052 and Clark

In the case of The Owners Of St John's Court - Rivervale Strata Plan 6052 and Clark, the dispute arose from the removal of an air-conditioner installed on the common property of a strata plan. The application was brought before the Western Australian State Administrative Tribunal, which had to decide on several legal issues. Firstly, the tribunal had to determine if the consent of the strata company to alterations of the common property was unreasonably refused. Secondly, it had to consider whether the application to remove the air-conditioner was vexatious, lacking in substance, or frivolous. Finally, the tribunal had to decide if the air-conditioner was capable of reasonable use and enjoyment without being unreasonably intrusive on neighbours.

The tribunal found that the refusal to consent to the proposed alterations was not unreasonable, given the potential impact on the aesthetic and structural integrity of the common property. The tribunal also determined that the application to remove the air-conditioner was not vexatious, lacking in substance, or frivolous, as it raised legitimate concerns regarding the impact of the air-conditioner on the common property and neighbouring lots. The tribunal further held that the air-conditioner was capable of reasonable use and enjoyment, but its current placement and operation were causing unreasonable interference with the neighbouring lots. The tribunal granted an order for the removal of the air-conditioner and directed the strata company to consent to the proposed alterations. The tribunal also dismissed the counter-application for an order for the grant of a licence and awarded costs against the applicant.

This decision highlights the importance of considering the impact of alterations to common property in strata plans and the need for strata companies to act reasonably in their decision-making processes. The tribunal's decision also underscores the need for applicants to ensure that their applications are not vexatious, lacking in substance, or frivolous, and to consider the potential impact of their proposed alterations on neighbouring lots.