The Owners Of The VIEWS, Strata Plan 6669 and Larralee Pty Ltd

In the case before the court, the applicant sought an order under section 103G of the Strata Titles Act 1985 (WA) to restore a section of a wall removed from the common property of a strata plan without approval. The respondent, who had removed the wall, opposed the application on the grounds that the alteration would not cause significant inconvenience or detriment to other proprietors, as required by section 103G(4) of the Act. The dispute centred on whether the removal of the wall would affect the structural soundness of the building or interfere with the easement of support, and whether the limitations on future alterations by other proprietors were caused by the respondent’s actions.

The court considered the nature of the alteration and its potential impact on the structural integrity of the building. It examined whether the removal of the wall would affect the structural soundness of the building or interfere with the easement of support, which are grounds for objection under section 7(5) of the Act. The court also assessed whether the limitations on future alterations by other proprietors were caused by the respondent’s actions, which would necessitate compliance with section 103G of the Act.

After reviewing the evidence and arguments presented, the court found that the respondent had breached section 7(2) of the Strata Titles Act 1985 (WA). However, the court decided not to make a further order under section 103G if the respondent complied with the conditions set out in the orders. These included obtaining a fire rating for the steel beam supporting the wall opening and ensuring that any works to completion were undertaken by a registered builder who provided an indemnity to the proprietors of all other lots in the strata plan. The applicant was granted liberty to apply if the respondent failed to comply with either of these orders.

The final orders required the respondent to obtain the fire rating and ensure that all works to completion were undertaken by a registered builder with an indemnity to the other proprietors. The applicant had the right to apply if the respondent did not comply with these conditions. This ruling highlights the importance of compliance with strata title laws and the consequences of alterations to common property without proper approval.