The interpretation of the word "Structure" (Section 87)
Is a lattice really a structure? YES, according to SAT.
That's a structure?
Back in 2020, SAT was asked to make a determination as to whether a gazebo, shade cloth, and lattice installation within a part lot area constituted a "structure".
It had been erected on a lot owner's property, without a Section 7 application (now section 87). The Strata Company wanted a ruling to determine if it constituted a breach of the Act. The case hinged on whether or not SAT ruled if the items constituted a "structure".
SAT ultimately decided that it was a structure so the lot owner should have obtained a resolution without dissent, prior to installation.
Section 7 (now 87) of the Act requires that an owner obtain a resolution without dissent before causing or permitting:
- any structure to be erected
- any alteration of a structural kind to, or extension of a structure, on the owner's lot in a strata scheme
The outcome was that SAT ordered the owner to remove the installation within 28 days.
A synopsis of the case provided by Pragma Law can be viewed by clicking this link
The full SAT case is here
What impact does this have on owners?
This ruling left many of us scratching our heads. If a lattice is considered to be a "structure", then where do owners stand when they want to add items such as security screen doors, cafe blinds, shade sails and so on? Are these additions now considered to be structural alterations?
In the past, these items were considered to be approved by a majority vote (so long as not more than 25% vote against). Based on the ruling above, owners may now wish to seek a resolution without dissent, just in case their alteration is subject to possible future challenges.
We will keep an eye out for future SAT cases which provide further clarity on this issue.