Decisions table

Unauthorised alteration of common property - Agreement in prior proceeding in respect of unauthorised alteration and dismissal of prior proceeding - Exercise of statutory discretion to make orders to resolve dispute - Compensation for pecuniary loss or damage

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Strata titles - Application for costs - Onus on party seeking costs - Lack of evidence

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Inherent defect in common property - Whether a lot owner or the strata company is required to repair inherent defect in common property - Whether by-law refers to specified lot or lots in the strata titles scheme - Whether by-law grants exclusive use of structural components of common property to a lot owner - Whether by-law confers exclusive use and enjoyment of, or special privileges over, common property - Whether relevant by-law in strata titles scheme is an exclusive use by-law

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Strata titles - Refusal of application for permission to keep dog on lot - Construction of by-law - Intention to train as assistance animal - Training and development plan - Reasons for refusal of council of owners and strata company - Interference with quiet and peaceful enjoyment - Adoption of policy contrary to by-law - Whether strata company acted unreasonably - Conditions

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Strata Titles - Alleged breaches of by-laws - Construction of by-laws - Evidence of breach - Turns on own facts

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Two-lot scheme - Commercial premises - Application for costs by strata company - Onus on party seeking costs - Offers to settle - Whether offers made comply with State Administrative Tribunal Rules 2004 (WA) - Nature of dispute - Conduct of parties - Whether fair and reasonable to award costs - Objectives of Tribunal - How costs are to be considered in the exercise of discretion conferred on Tribunal - Broad brush approach as a matter of impression and without attempt at mathematical precision

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Preliminary issue whether complaint withdrawn before Building Commissioner and therefore not referred to the Tribunal - Preliminary issue as to the scope of a complaint item which has been referred to the Tribunal by the Building Commissioner - Heritage development - Whether works faulty or unsatisfactory - Exercise of discretion in making building remedy order

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Strata titles - Preliminary issue - 'Scheme dispute' - Whether applicant is a 'scheme participant' - Sale of lot

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Enforcement - State Administrative Tribunal Act 2004 (WA) s 86(2)(c) - Application for certificate of enforcement of non-monetary order - Factors for consideration - Whether order is appropriate for filing in the Supreme Court - Whether evidence of non-compliance - Whether order clear and unambiguous - Whether agreed to accept performance in different way - Whether other means to secure performance - Enforcement of orders made pursuant to Strata Titles Act 1985 (WA) s 47(5) - Order to remove dog from strata scheme - Prima facie evidence of non-compliance - Appropriate to issue certificate - Suitable for enforcement

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Application seeking resolution of scheme dispute - Common property - Exclusive use by-law - Patio/pergola - Flashings - Gutters - Downpipes - Structure - Finishes - Replacement brickwork - Mediation agreement - Expert evidence - Non-expert evidence - Discretionary powers of Tribunal to make declarations and orders

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Strata titles - Scheme dispute - Scheme participants - Resolution of a scheme dispute - Application for interim order - Multi-level residential dwelling - Unauthorised structural alterations to a lot - Water egress from lot to other lots in the scheme - Strata company permitted to compel access to inspect lot - Interim order made by reason of urgent circumstances

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Whether appropriate to award costs - Respondent's application for costs dismissed

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Whether appropriate to award costs - Respondent's application for costs dismissed

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Whether appropriate to award costs - Second Respondent to pay Applicant a portion of costs claimed - Second Respondent's application for costs dismissed

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Application for dismissal of proceeding under s 47 of the State Administrative Tribunal Act 2004 (WA) - Whether deed of settlement and release precludes applicant from pursuing the proceeding

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Interim application - Whether a proceeding is wholly or in part lacking in substance or is an abuse of process - Turns on own facts

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Strata titles - Maintenance (10 year) plan - Compared with budget - Whether approved maintenance plan a budget - Whether requirements for notices of meeting met - Discretion - Voting - Applicants' exclusion as unfinancial - Oppressive and unreasonable conduct

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Scheme dispute - Functions of strata company - Council - Duties of members of council - Application for appointment of Administrator of strata company - Breakdown in relationship between owner and member of council - Factors to consider to appoint Administrator - Whether strata company contravened s 91, s 119 or s 137 - Whether strata company contravened s 104 or s 109 - Whether an unelected council - Whether actions of strata company continuing - Whether strata company incapacitated, beset by difficulties or so dysfunctional as to render it unable to function at a satisfactory level - Tribunal proceeding - Whether necessary for Tribunal to intervene to appoint Administrator - Discretionary power to make declarations and orders to resolve scheme dispute or proceeding

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Scheme dispute - Maintenance of common property

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Survey-strata scheme - Unauthorised structural works including on common property - Limestone retaining walls - Driveway - Application for retrospective development approval - Scheme dispute - Whether strata company to give owner's consent under cl 62(1)(b) of the deemed provisions in local planning schemes in Sch 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 (WA) - Proposed exclusive use by-law - Tribunal proceeding - Consideration of factors to exercise statutory discretion to make orders to resolve dispute or proceeding under strata law - Whether Tribunal should order a resolution without dissent was passed

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Strata plan - Scheme dispute - Functions of strata company - Functions of council - General meeting of strata company - Extraordinary General Meeting (EGM) - Annual General Meeting (AGM) - Whether notice of AGM invalid - Whether AGM invalid - Whether motions and resolutions passed at AGM void, invalid or should be set aside - Proper management of strata scheme - Financial management - Budget - Who can propose a resolution outside of a general meeting - Proper construction of by-law on debt recovery costs - Tribunal proceedings - Jurisdiction of Tribunal - Dismissing a proceeding - Resolution of scheme dispute - Statutory discretion power to make declarations and orders to resolve scheme dispute or proceeding - History of ongoing dispute

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Scheme dispute - Fencing - Decorative screens - CCTV - Pergola/patio - Driveway - Whether repair/upkeep or alteration/improvement - Use and enjoyment of common property - Exclusive use area - By-laws - Proper construction of by-law - Whether breach of by-law - Whether in keeping with the strata complex - Functions of strata company - Whether resolution contravenes strata company duty regarding common property - Objectives of strata company - Whether resolution contravenes strata company objectives - Reimbursement of cost of report - Tribunal proceedings - Statutory discretion to make declarations and orders to resolve scheme dispute or proceeding

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Determination of preliminary issue - Whether complaint item set out in complaint schedule filed in Tribunal has been referred to the Tribunal by the Building Commission

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Survey strata plan - Scheme dispute - Financial management of strata company - Administrative fund - Levy contribution on owners - Amounts to be raised for payment into administrative fund - Strata manager - Strata management fees - Strata scheme expenses - By-laws - Unit entitlement - Common property - Exemption from paying contribution - Whether by-law requiring all lot owners to contribute towards the strata management's fees is invalid - Whether by-law unfairly prejudicial or unfairly discriminatory - Whether by-law oppressive or unreasonable - Whether contribution levied excessive - Tribunal proceedings - Statutory discretion to make orders to resolve dispute or proceeding

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Structure - Structural alteration of lot - Whether necessary approval for alteration sought - Whether valid refusal to give necessary approval - Grounds on which approval for structural alterations may be refused - Application to dispense with the requirement for approval of structural alteration of lot - Tribunal proceedings - Whether structural alteration reasonable - Whether structural alteration causes significant inconvenience or detriment to lot owners - Discretion of Tribunal to make orders - Turns on own facts

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Amendment of unit entitlements - Whether if allocated at the time of the application, schedule of unit entitlements would require amendments - Whether unit entitlements proportionate to the value of each lot relative to the sum of the value of all the lots in the strata titles scheme - Capital valuation

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Scheme dispute - Whether horizontal lower boundary of balcony is upper surface of the tiled floor or upper surface of concrete slab

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Preliminary issue - Scheme by-laws - Common property - Proper construction of scheme by-law 17 'Repair and Maintenance of Premises' and by-law 19 'Exclusive use' - Whether written consent required for exclusive use - 'Exclusive use property' - Whether by-law 19 confers exclusive use and enjoyment of, or special privileges over part of the common property - Repair and maintenance of premises

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Jurisdiction of Tribunal - Common property - Scheme dispute - Alleged breach of scheme by-laws - Serious adverse consequence - Declarations - Orders - Exercise of Tribunal's discretion - Monetary penalty - Resolution of scheme dispute

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Strata titles scheme - Scheme dispute - Specified scheme function - Authority of strata manager - Statutory construction - Strata management contract - Authority to perform scheme function - Whether manager authorised to perform a specified scheme function - Functions of council of the strata company - Nature of relationship between strata company and strata manager

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Amendment of unit entitlements - Whether if allocated at the time of application, schedule of unit entitlements would require amendment - Whether unit entitlements proportionate to the value of each lot relative to the sum of the value of all the lots in the strata titles scheme - Capital valuation

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Common property - General duty of strata company to control and manage the common property for the benefit of all owners - Resolution of scheme dispute - Tribunal proceedings - Discretion of Tribunal to make orders - Declaratory relief - Turns on own facts

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Application by strata company for enforcement of scheme conduct by-laws where no written notice given - Whether contravention has had serious adverse consequences - Whether particular scheme conduct by­law contravened on at least three separate occasions - Onus of proof - Whether first respondent is an occupier of a lot in the strata scheme - Whether application should be dismissed - Failure of witnesses to attend hearing - Discretion of Tribunal to make orders - Turns on own facts

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Strata titles - Scheme dispute - Scheme participants - Resolution of a scheme dispute - Retirement village scheme - Notice requirements for general meetings - Requirements for convening an extraordinary general meeting - Termination of strata management contract - Show cause notice - Validity of resolutions - Voting procedures - Appointment of administrator - Declaratory relief

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Carport - Breach of by-laws, Garbage, Common property - Written notice requirements for an alleged contravention of scheme by-laws - Enforcement of scheme by-laws - Removal of garbage from part of lot - Resolution of scheme dispute - Tribunal proceedings - Discretion of Tribunal to make orders - Turns on own facts

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Mixed residential and tourist resort strata scheme - Residential lot - Whether works constitute structural alterations to a lot - Resolution of scheme dispute - Exercise of discretion

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Constitutional law — Judicial power — Federal jurisdiction — Whether tribunal had jurisdiction to hear and determine complaint — Building Services (Complaint Resolution Administration) Act 2011 (WA) — Building remedy order — Claim that proceeding is in federal jurisdiction — Whether the claim or defence is genuinely raised — Whether claim or defence not incapable on its face of legal argument — How tribunal forms opinion as to whether claim is not incapable on its face of legal argument — Incorporation under Corporations Act insufficient to bring proceedings within federal jurisdiction — Whether claim as to federal jurisdiction not incapable of legal argument notwithstanding decision of intermediate court of appeal rejecting similar claim — Commonwealth Constitution ss 75, 76, 77.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Carport - Common property - Damage to common property - Written notice requirements for an alleged contravention of scheme by-laws - Enforcement of scheme by-laws - Removal of carports from common property - General duty of strata company to control and manage the common property for the benefit of all the owners - Claim for compensation - Resolution of scheme dispute - Tribunal proceedings - Discretion of Tribunal to make orders - Turns on own facts

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.