The Owners - Strata Plan No 21312 v Beck

The Owners - Strata Plan No 21312 (the Owners Corporation) brought proceedings against Mr. Beck concerning alleged breaches of the strata scheme's by-laws. The dispute centred on Mr. Beck's use of his lot, specifically the installation of a large satellite dish on the common property balcony of his unit, which the Owners Corporation contended was a breach of by-laws prohibiting unauthorised alterations to common property and requiring owners to not cause a nuisance or hazard. The matter was heard in the District Court of New South Wales.

The primary legal issues before the court were whether Mr. Beck's installation of the satellite dish constituted an unauthorised alteration to common property, and whether his use of the dish and its placement created a nuisance or hazard to other lot owners or occupiers. The court was required to interpret the relevant by-laws of the strata scheme and apply the provisions of the *Strata Schemes Management Act 2015* (NSW) to determine if Mr. Beck's actions were in breach.

Judge Altobelli found that the balcony, despite being attached to Mr. Beck's unit, was common property. The installation of the satellite dish, which involved drilling into the common property structure, was therefore an unauthorised alteration. Furthermore, the court determined that the placement of the dish, which protruded from the balcony and could potentially obstruct views or pose a risk, constituted a nuisance and a hazard to other residents. The court applied the principles of strata law regarding the distinction between individual lots and common property, and the obligations of lot owners to comply with by-laws designed to ensure the peaceful enjoyment and safety of the strata scheme. The Owners Corporation was successful in its claim.