Part 47 published on 01/09/14
Roof-deck extension and railing constituted a significant change, requiring a three-quarter vote
One of the owners had made an extension to his roof-deck, and had installed a new railing. These were changes to the common property. The strata council decided that these changes were not significant and resolved to allow them. Several of the other owners objected, and brought this Court petition.
The Court held that the changes were “significant” and ordered that the changes could remain only if the necessary three-quarter vote was obtained pursuant to Section 71 of the Strata Property Act. The court said:
The changes were visible to some of the owners and the railings are visible to a member of the public looking up at the front of the building.
The changes adversely affect two other owners. The owner of unit 301 has lost some of her privacy when using her glass-enclosed deck. The owners of PH2 are now subjected to noise from someone using the extended deck which is directly above their bedroom.