WA: Q&A Stopping A Neighbour From Blocking My View

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This Q&A about whether you can stop an apartment neighbour our for erecting a pergola and blocking your view has been answered by Shelley Fitzgerald, Strata Alliance.

Question: A neighbouring resident wants to erect a pergola on their balcony. How do I stop the neighbour from erecting the pergola and blocking my view?

I live in a large apartment block. A neighbouring resident wants to build a permanent large pergola on his balcony.

Can I stop the neighbour from erecting the pergola on the grounds that the structure will be blocking my view, especially when the apartments were built to maximise the view.

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Answer: We need to consider whether the balconies are part lots or common property areas because this will also impact on how this matter would need to be “approved”.

I assume that the “neighbour” is another apartment in the same apartment block. We also need to consider whether the balconies are part lots or common property areas because this will also impact on how this matter would need to be “approved”.

The erection of a new “structure” in a part lot requires a Section 7 application. I believe this would be a “structure” because it would require Local Shire approval, in addition to the Strata Company approval.

So the first point is to contact the local shire to see if they would need to give approval and whether they would consider giving approval. You may find that this matter will stop at this point. If the local shire won’t approve it then it goes no further.

If the Local Shire says they will approve it, then I believe it will come back to the Section 7 requirements. Section 7 requires the proposal to be documented in line with the regulations and then presented to an Extraordinary General Meeting. The General Meeting will then require a Resolution Without Dissent (RWD) to be passed to allow the pergola to proceed.

There are further technicalities around this issue but this is a broad outline of the requirements.

I note the Resolution Without Dissent will require NO dissenting votes for the matter to be approved, however, it may be highly unlikely that it even progresses to the point of holding a meeting.

Have a question about erecting a structure or stopping an apartment neighbour from blocking your view? If you have something to add to the article, please leave a comment below.

This post appears in Strata News #304

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Shelley Fitzgerald
Strata Alliance
E: [email protected]
P: 9330 3959

Note: this general information about strata council member problems is an opinion only and suitable specialists in these areas should be sort for clarification and assistance on all points.

Please note this advice was provided prior to the proclamation of the new strata title amendments and will be updated in due course.

Read next:

• WA: Making Improvements to Common Areas in Strata
• WA: Refurbishment Works – Consider the Impact on Fire Safety
• WA: Good Housekeeping Goes Beyond Your Front Door

Update: This recent SAT Decision on a similar matter has been brought to our attention: BORIS and THE OWNERS OF OBSERVATION RISE STRATA PLAN 24414 [2019] WASAT 112

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