Trespass on Common Property

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;

http://www.austlii.edu.au/au/cases/nsw/NSWCTTT/2003/728.html