It's Game, Set & Match in this Strata Hotel Covid Dispute

A lesson about the power of collective strata owner action [plus some legal threats] from this short-lived strata tennis dispute in Melbourne.

This article was written by longtime Strata law guru Francesco Andreone.

Here is a link to the original article by Francesco:

Tennis quarantine and Strata power

Not even the Australian Open can stop a group of motivated strata owners who didn’t want players quarantining in their strata complex.

The Australian Open organisers had planned and agreed with the Victorian Government to have players and support people stay for their 14-day mandatory quarantine at the Westin Hotel in Melbourne’s CBD before the tournament starts on 8 February. That included a 5-hour daily training leave pass on strict conditions and testing at least 5 times over the stay.

But, they apparently forgot to discuss their plans with the strata corporation for the top part of the Westin building which comprises luxury apartments.

The arrangement was negotiated with Westin Hotel management last year and approved by the Victorian government on 18 December 2020.

When the strata owners were notified by email on 23 December 2020, they weren’t too happy as they hadn’t been consulted, didn’t agree to the plan, and considered that it posed an unacceptable health risk. 36 of those owners are residents and the residential strata corporation has rights over substantial parts of the building common areas.

By the end of the year, there were legal threats and demands. And, within another week the issue was over and the players are now staying somewhere else.

So, a complete, quick, and effective result.

No doubt the high profiles of the Westin apartment owners helped resolve this issue.

Nonetheless, to me, it demonstrates that strata owners acting together quickly and with professional help can achieve a lot to protect themselves.

There’s some great reporting on the story with more details at the following links.

The Age, 3 January - https://www.theage.com.au/national/legal-dispute-at-quarantine-hotel-threatens-australian-open-20210103-p56rf5.html

The Guardian, 6 January - https://www.theguardian.com/sport/2021/jan/05/government-says-australian-open-quarantine-hotels-safe-amid-melbourne-westin-legal-dispute

Nine News, 6 January - https://www.9news.com.au/national/australian-open-contract-with-westin-hotel-to-quarantine-players-scrapped/f09b378a-bbb7-4e8a-9e9d-0f40cf9dedc2

Francesco …

Jan 08, 2021