› Flat Chat Strata Forum › Talkin’ ’bout a renovation › Refused permisson to build a balcony despite neighbour having done it › Current Page
Ok – then if the issue is blocking of light, if you went to the Tribunal you would have to argue they are refusing permission notwithstanding permission was given when the same issue applies to your level. However, there has been a case that went to the High Court that dealt with a similar issue, and concluded it is not unreasonable to refuse permission if this would materially affect a property right (note this was a refusal to grant a common property right in Queensland).
Ainsworth v Albrecht [2016] HCA 40
Re entitlements – to clarify, I am talking about the lot entitlements recorded on the strata plan. If an owner has a property that is of greater value the lot entitlement will be greater, which means they pay more in strata levies and have a greater percentage of the vote on a poll. Usually where an owner is given exclusive use of a part of the common property you would expect to see the entitlements adjusted or some other form of compensation to the OC.