APPEAL AND NEW TRIAL

REAL PROPERTY – STRATA AND RELATED TITLES – GENERAL MATTERS – NATURE OF STRATA TITLE – WHAT CONSTITUTES COMMON PROPERTY

REAL PROPERTY – STRATA AND RELATED TITLES – MANAGEMENT AND CONTROL – BYLAWS – EXCLUSIVE USE

Appeal against a decision of a Judge of the District Court brought by the appellants, a unit holder, seeking relief for the trespass of another unit holder.

The subject property is a strata-titled industrial-commercial premises (the premises). The first respondent is the registered proprietor of the common property of the eponymous strata plan registered with the Lands Titles Office. The second respondent is the owner of Unit 1. The second appellant is the registered proprietor of Unit 8, and the first appellant is its principal. The second respondent allowed a monopole tower to be erected on his property, and into the airspace, above the height which belonged to the unit.

Piazza & Anor v Strata Corporation 10147 INC & Anor [2020}SASCF 27 (24 April 2020)