This was a matter before the CTTT where the owner of a lot
installed a hot water tank and audio speakers in the roof space above their
lot.Whilst recorded on the
certificate of Title was an exclusive use by-law attached to the lot the
exclusive use by-law did not relate to the hot water tank or speakers.
When the installations were brought to the Owners Corporation
attention they became concerned that in the event the hot water tank burst
damage would occur to the common property and the noise from the audio speakers
was disturbing the peaceful enjoyment of other owners or occupiers.
The Owners Corporation initiated action in the CTTT for
removal of the above items and restoration of the common property.
It should be noted that owner had sold their lot and as such
the subsequent owner bore the cost of rectification.
The short but detailed reasons for the decision can be seen at;