The Owners - Strata Plan No. 550 v Artuphel

The Owners – Strata Plan No. 550 filed a claim against Artuphel, the lot owner of Lot 1 in Strata Plan No. 550, to compel the respondent to undertake certain works to remove a bathroom installed on Lot 1 and to reinstate the bathroom to its previous condition. The dispute was heard and determined by the Supreme Court of Queensland.

The central legal issues before the Court were whether the lot owner had the authority to carry out the works in question and, if not, whether the Court should compel the lot owner to reinstate the bathroom. The Owners argued that the lot owner had undertaken works without the requisite approval from the Owners Corporation, contrary to the provisions of the Strata Schemes Management Act 2015, and that this constituted a breach of the common property maintenance provisions. The Owners further argued that the lot owner should be ordered to reinstate the bathroom to its previous condition.

In determining the matter, the Court noted that the Owners Corporation had not authorised the works carried out by the lot owner. The Court held that the lot owner's actions constituted a breach of the common property maintenance provisions and ordered the respondent to carry out the reinstatement works as specified. The Court further ordered that the reinstatement works be completed within 12 months and that the Owners Corporation be permitted to enter Lot 1 and carry out the reinstatement works if the lot owner failed to comply with the order. Finally, the Court dismissed the Owners’ application in all other respects.