Consistent enforcement is important in a community scheme, but a request linked to disability should not be rejected solely because the rule is normally applied the same way to everyone. A reasoned decision must consider the request, the legal setting, practical alternatives and the impact on other people.
Hugh Raichlin Attorneys assists with community-scheme and property disputes. For trustees, managing agents and owners, a clear decision record can help identify a workable solution before positions harden into a dispute about principle alone.
The reported example was about accommodation, not unrestricted building rights
The source article described a visually impaired owner who sought practical changes to a communal washing area. The court’s response permitted defined arrangements, with conditions concerning use, maintenance, contribution and restoration. It was not an unrestricted right to alter common property however the owner wished.
The lesson is the need to assess reasonable accommodation and proportionality in the actual circumstances. The conditions and impact mattered. A scheme should not assume that considering one request destroys every rule; an owner should not assume that a disability removes the need to seek authority and consider others.
Establish which scheme and which rules apply
A body corporate and a homeowners association do not necessarily operate under identical governing instruments. Start with the correct rules, constitution or memorandum, relevant resolutions and the legal status of the area concerned. Check whether the issue concerns common property, exclusive use, private property or another form of right.
Identify who has authority to decide the request and which procedure is required. Do not assume that an informal comment from an agent or caretaker supplies the approval needed for alterations or exclusive use.
Ask what the person needs and what alternatives could work
The assessment should focus on the practical obstacle and requested accommodation, using relevant information without collecting unnecessary private medical detail. Consider whether the proposed change addresses the obstacle and whether another arrangement would do so with less impact.
Examine safety, access, cost, maintenance, insurance, appearance and effects on other residents. A reasoned request for appropriate information is different from an automatic refusal. Equally, unsupported assumptions about inconvenience do not provide a sound decision record.
- Record the request and the problem it is intended to solve.
- Identify the relevant rule and decision-making authority.
- Consider suitable alternatives and the owner’s response.
- Explain any actual cost, risk or impact relied on.
- Record the decision, reasons, conditions and review arrangements.
Conditions can make the decision workable
Where an accommodation is appropriate, the written decision may need to address installation, ongoing responsibility, maintenance, access, payment and what happens when circumstances change or the owner leaves. The terms must fit the applicable legal framework rather than being copied from another scheme’s dispute.
Where the request is declined or modified, communicate the reasons and the available process for reconsideration or challenge. Accessible communication matters too: providing a rule in a form the person cannot use may undermine a supposedly fair process.
Questions clients ask
Must trustees grant every exemption request?
No. The request requires a lawful and reasoned assessment. The question is not simply exemption versus rigid enforcement; appropriate alternatives and conditions may matter.
Can an owner carry out the work first and ask later?
That creates avoidable risk. Obtain advice on the required approval and the available route where a request is refused or delayed.
Does every disagreement belong in the same forum?
No. The governing documents, remedy and legal basis affect the route. Advice should consider CSOS or court procedures where applicable, without promising that one forum handles every aspect.
Address the practical problem before the dispute escalates
Provide HRA with the request, rules, correspondence, plans and decision record. The objective is a defensible process and workable outcome that respects both individual needs and the legitimate interests of the community.
Related legal assistance
General information, not advice on a particular matter. The documents, facts and applicable law determine the appropriate next step.