The Owners Units Plan No 4273 v Stormer Corporation Pty Ltd (Unit Titles)

In The Owners Units Plan No 4273 v Stormer Corporation Pty Ltd, the Owners Corporation of Units Plan No 4273 sought an order permitting them to enter Unit 22 to undertake rectification works on a defective balcony. The case was heard in the Administrative Appeals Division of the ACT Civil and Administrative Tribunal. The central issue before the tribunal was whether the Owners Corporation had the right to enter Unit 22, either via the front door or by erecting external scaffolding, to perform necessary repairs on a defective balcony. The Owners Corporation argued that it had a statutory duty to maintain the common property, including the balcony, and that the most efficient way to perform the necessary repairs was by accessing the balcony through the front door of Unit 22. The respondents, Stormer Corporation Pty Ltd and Mr Farrelly, who was the occupier, did not respond to letters from the applicant's solicitors and therefore did not contest the necessity of the works.

The tribunal examined the statutory provisions under the Unit Titles (Management) Act 2011 (ACT), which obligate the Owners Corporation to maintain and repair common property. Given the respondents' lack of response, the tribunal found that the balcony adjoining Unit 22 was indeed defective and that the Owners Corporation had a duty to repair it. The tribunal also noted that the most efficient and cost-effective way to perform the repairs was by accessing the balcony through the front door of Unit 22. However, as the respondents had not provided consent, the tribunal considered the alternative of using external scaffolding, which would incur additional costs to be borne by the respondents. The tribunal concluded that the Owners Corporation was entitled to enter Unit 22 via external scaffolding and that the respondents were liable for the additional costs incurred by the erection of the scaffolding.

In summary, the tribunal granted the Owners Corporation the right to enter Unit 22 via external scaffolding to perform the necessary repairs on the defective balcony, and ordered that the costs of erecting the scaffolding be recovered from the respondents. The tribunal also removed the joined party from the proceedings and scheduled a part-heard hearing for 6 May 2024.