Decisions table

INTERIM ORDER – whether interim orders are warranted. Act, s 279

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

ACN 071 773 969; Building and Property; Costs

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

PROPERTY DAMAGE – where owner claims for damage to property – whether damage was caused by upstairs owner’s failure to maintain lot in good condition resulting in water ingress to lot below – whether orders should be made pursuant to section 281 of the Act. Act, ss 20, 227, 228, 229A, 281; Standard Module, ss 180, 211

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

PROPERTY DAMAGE – where owner claims for damage to property – whether damage was caused by body corporate’s breach of its maintenance obligations resulting in water ingress to owner’s lot – whether orders should be made pursuant to section 281 of the Act. Act, ss 20, 281; Standard Module, ss 180, 211

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

CHANGE OF FINANCIAL YEAR – whether to change the scheme’s financial year Act, ss 283, 321A

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

• Ratajeshwara Rao Nallamouthu lot owner
• The Owners-Strata Plan No 39988 owners corp
• Zeljko Milic party
• Kirshan Kumar Khanna party
• Shashi Bhat party
• Marina Fugazza party

The application by the lot owner was dismissed on all grounds, including claims regarding parking enforcement, removal of strata committee members, fire safety repair charges, and access to owners corporation records.

GENERAL MEETING PROCEDURES – whether the votes on a motion to engage a body corporate manager were tallied correctly; whether the resolution should be declared void. Accommodation Module, ss 95(1), 103(d), 210(2), 211, 221(1).

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

• Bernadette York lot owner
• Kevin Edwards lot owner
• The Owners – Strata Plan No 675 owners corp

The hearing scheduled for 20 November 2024 was vacated and rescheduled to 16 December 2024, with the applicants ordered to file a revised Court Book, reply submissions identifying the questions of law, and to pay the respondent's costs thrown away.

• Jin Beom Choi lot owner
• The Owners Strata Plan No 53482 owners corp

The appeal from the Tribunal's decision was dismissed; the Tribunal's order deeming a common property rights by-law passed under s 149(1)(b) of the Strata Schemes Management Act 2015 was upheld, with the appellant's refusal to consent to the by-law found to be unreasonable.

GENERAL MEETING MOTION – where the body corporate passed a motion authorising the committee to enter into a contract with a supplier to take over the management of the scheme’s embedded electricity network – where the applicant sought for the motion to be declared invalid. CONSENT ORDER – where the parties have now reached an agreement about the motion – whether an order should be made by consent. Act, ss 276(5), 287; 289

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

GENERAL MEETING MOTIONS – The following decisions were made at an AGM by virtue of the caretaking service contractor’s majority vote: budget motions were increased by 10% even though no additional expenditure was authorised at the AGM a motion to reimburse a committee member’s legal fees, incurred in pursuit of the body corporate’s interests, failed a motion to increase the electricity tariff paid by owners failed a motion to spend up to $3,000 on legal advice regarding a lift contract failed, and a motion to rescind a resolution limiting committee expenditure on legal fees to $1,000 per year failed. The applicants ask that the budget increase is reversed, owners are reimbursed the additional contributions they have paid, and the other motions are deemed passed because the body corporate acted unreasonably or committed a fraud on the minority. Act, s 94(2); Accommodation Module, ss 151(2), 162(1)(a), 200.

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

MANTENANCE OBLIGATIONS OF BODY CORPORATE– where rainwater leaked through common property roof- where applicant claims $1,330 for minor damage to property and $15,039 for loss of rent. DISMISSAL OF APPLICATION- where adjudicator is satisfied the dispute should be dealt with in a court or tribunal of competent jurisdiction. Act, ss 270(1)(b),

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

COMMITTEE COMPOSITION; GENERAL MEETINGS – validity; BODY CORPORATE PROPERTY – whether body corporate has validly requested the return of body corporate property from its body corporate manager. Act, s 120(3); Standard Module, ss 13, 38, 41, 74, 76, 235

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

REASONABLENESS – whether a decision made at an extraordinary general meeting is unreasonable MAINTENANCE – where lot owners installed garage doors within walls on the boundaries of their lots and common property land – whether the body corporate is or can be responsible for maintaining these garage doors Act, s 94; Standard Module, ss 52, 180, 187

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

GENERAL MEETING – whether ratification of expenditure exceeding the major and body corporate committee spending limits was effective; whether sufficient information was provided to consider before a motion to ratify expenditure. BODY CORPORATE RECORDS – whether the body corporate failed to provide body corporate records to the applicant; whether records requested are not held by the body corporate; whether records requested have already been provided by the body corporate. Act, s 205; Accommodation Module, ss 163, 164, 220

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

BY-LAWS – whether the removal of an iron screen involves is a minor change and a structural alteration to common property – whether it detracts from the amenity of the lot and its surrounds COSTS – whether the respondent should pay the cost of the application fees for department conciliation and adjudication for this dispute Act, s 280

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

REASONABLENESS – where a motion seeking approval for a colour change to Lot 6’s patio doors was not approved by the committee – whether the committee acted unreasonably in making its decision on the motion. Act, ss 94, 100

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

GENERAL MEETING MOTION; MAINTENANCE – where the windows enclosing the applicants’ balcony are leaking and require replacement, but the body corporate voted down a motion to have new windows installed; where owners were given little evidence that replacement was necessary and only one quotation was presented with the motion, despite the proposed expenditure exceeding the relevant limit for major spending; whether the motion should be deemed to have passed. Standard Module, ss 162(2), 173, 180(2)(a)(ii).

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

INTERIM ORDERS – whether interim orders are warranted in the circumstances. ADJUDICATOR POWERS – whether Adjudicator can be satisfied that an application raises a serious legal question and the balance of convenience between the parties justifies injunctive relief. SDW2 Pty Ltd v JLF Corporation Pty Ltd [[2017] QSC 001](/cgi-bin/LawCite?cit=%5b2017%5d%20QSC%20001 "View LawCiteRecord") Australian Broadcasting Corporation v O'Neill [[2006] HCA 46](/cgi-bin/viewdoc/au/cases/cth/HCA/2006/46.html "View Case") Act, ss 276, 279

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

APPLICATION FOR INTERIM ORDER – Where: four committee members’ terms ended because they missed two consecutive committee meetings without leave the committee appointed replacements without reference to a general meeting, and the applicant seeks an order that the vacancies must be filled at a general meeting. Whether the committee members should be reinstated to their former positions until the application is decided. Act, ss 100(5), 279(1); Accommodation Module, ss 36(2), 37, 39, 40(1)(b), 46(1)(a), 47(2)(a), 52(1), 72(1).

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

BY-LAWS - whether the respondent is breaching the by-laws with regard to parking and items on common property. Act, ss 94, 182-188

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

INTERIM ORDERS – whether interim orders are warranted in the circumstances. Act, ss 163, 279

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

GENERAL MEETING – NOTICE PERIOD – whether to make an order declaring that a general meeting in an emergency will not be invalid for being called on short notice. Act, s 243A; Accommodation Module, s 81

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.

MAINTENANCE -obligation of body corporate in a Building Format Plan to maintain common property roof had a duty to maintain a garage door and garage door motor in good condition – whether the body corporate breached those duties by failing to repair or replace the garage door and garage door motor. Act, ss 94(2), 281; Standard Module, ss 180 Part A2 National Construction Code Carroll v Body Corporate for Palm Springs Residences [](../../../../BCCM/Appeal%20&%20External%20Decisions/Appeal%20decisions/Carroll%20and%20Ors%20v%20Body%20Corporate%20for%20Palm%20Springs%20Residences%20CTS%2029467%20%5b2013%5d%20QCATA%2021.pdf)[[2013] QCATA 21](/cgi-bin/viewdoc/au/cases/qld/QCATA/2013/21.html "View Case")

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

• Sabrina Gabriela lot owner
• The Owners – Strata Plan No. 52108 owners corp

Leave to appeal was refused and the appeal was dismissed; the original orders for fire safety works to be completed were upheld with the completion deadline extended to 10 February 2025.

BODY CORPORATE RECORDS – whether body corporate records should be transferred a body corporate manager and whether body corporate funds should be transferred to a new bank account. GENERAL MEETING PROCEDURES – where there are two persons claiming to be authorised to act as the secretary for the body corporate, whether an annual general meeting was validly called and held and committee members validly chosen. Act, ss 99, 279; Standard Module, ss 13(a), 44, 160, 232(1)

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

GENERAL MEETING PROCEDURES – where the body corporate sent the notice of an AGM to the residential addresses for several lots, rather than the addresses for service recorded on the roll; where the body corporate committee encouraged owners to vote against a motion to increase the applicant’s salary as caretaking service contractor; whether the outcome of voting should be reversed because owners were unable to vote or were influenced by the committee. Act, s 100(5); Accommodation Module, ss 76, 77(1), 79(6), 81, 95(1), 206, 207, 208(b), 210(2), 213(2)(d); Acts Interpretation Act 1954, s 39A(1)(b).

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

MAINTENANCE – where there are maintenance and safety concerns with structures built on an exclusive use rooftop area – whether the body corporate can permanently remove the structures – whether orders are warranted relating to removal works. Act, ss 11, 94, 163, 243A; Standard Module, ss 180, 187, 192, 193

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

GENERAL MEETING MOTIONS – where the applicant disputes 7 general meeting motions relating to an ongoing dispute about structures on the applicant’s exclusive use area of common property – whether the motions are valid. Act, ss 11, 94; Standard Module, ss 91, 116, 172-4, 184, 186, 193, 212

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

IMPROVEMENTS TO COMMON PROPERTY – whether authorised Act, s 159; Standard Module, s 187

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

• The Owners - Strata Plan No 89791 owners corp
• FKP Constructions Pty Ltd builder
• FKP SJYC Pty Ltd developer

The Court declined to make a costs order in favour of the defendants in respect of their solicitors' correspondence and affidavit relating to document production disputes, finding that the defendants should have sought pre-evidence disclosure with evidence of exceptional circumstances rather than engaging in combative correspondence and serving a notice to produce.

• Jessica Silberstein lot owner
• The Owners – Strata Plan No 55468 owners corp
• Michael Adamo party
• Michael Hans Engelbert party
• William Paul O'Brien party
• Terrance Matthew Gagen party
• Strata Choice Pty Ltd manager
• Hecker Australia Pty Ltd party

The Owners Strata Plan No. 55468 must carry out rectification works by 14 February 2025 and pay the lot owner $316,128.43 in damages for breach of section 106 of the Strata Schemes Management Act 2015; Michael Adamo was removed from the strata committee and restrained from acting as an office holder for not less than one year; applications against other respondents were dismissed.

REAL PROPERTY – STRATA MANAGEMENT – removal of strata committee officer – no basis – meeting procedures including for elections - Strata Schemes Management Act 2015 (NSW) ss 30(4), 35, 37, 238, Sch 1 para 18, Strata Schemes Management Regulation 2016 regs 14, 14A

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

REASONABLENESS of body corporate’s handling of major maintenance project; IMPROVEMENT TO COMMON PROPERTY – whether awning removed to perform maintenance can be reinstalled; claim for LOSS OF RENT. Act, ss 94, 100(5), 205; Accommodation Module ss 63(1), 177, 217, 220

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

• The Owners – Strata Plan No. 100526 owners corp
• Rolia Hamdan lot owner
• Charlie Hamdan lot owner

The appeal was allowed and the first instance decision dismissing the application for removal of unauthorised works was set aside, with the matter remitted for reconsideration on the basis that the tribunal failed to consider relevant discretionary matters including the impact on other lot owners.

INTERIM ORDER – where body corporate resolved to apply for a change to the scheme’s existing development approval to include a condition that restricts studies and media rooms from being converted into additional bedrooms – whether an interim order is warranted Act, s279(1)

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

INTERIM – whether an interim order is warranted. Act, s 279

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

LAND LAW – Strata – By-laws – Contractual construction in cases of long-term contractual relations – Whether earlier deed regained force upon termination of later deed – Licence fee claim – Trespass loss of carpark revenue

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

IMPROVEMENT TO COMMON PROPERTY – where an owner installed an air-conditioning unit on common property; whether the installation was validly approved by the body corporate. Act, s 159; Accommodation Module, s 177

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

COMMITTEE PROCEDURES & COMPOSITION – where the majority of the body corporate committee submitted a motion to a general meeting without notice to their colleague, the applicant; where the motion proposed the dismissal of the applicant from the next committee and it passed by ordinary resolution; whether the motion is void, the applicant must be appointed to the new committee, the body corporate must produce related records, and the body corporate must pay the applicant’s costs. Act, s 280; Standard Module, ss 44(2)(f), 55(1)-(2), 66(2), 68(1), 232(1).

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

INTERIM ORDER – whether an interim order is warranted Act, s 279

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

SUPPLY OF SERVICES – whether the body corporate’s arrangements for billing of water supply charges are valid – whether the outcome sought is still relevant or required – whether other orders are warranted. Act, s 196, 270

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

IMPROVEMENT TO COMMON PROPERTY; REASONABLENESS – whether it was unreasonable for the body corporate to make an improvement to common property for the benefit of a single lot. Act, ss 94(1)(a), 94(2), 100(5), 280; Accommodation Module, ss 162, 176.

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

INTERIM ORDER – whether interim orders are warranted. Act, s 279

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

• Alta Vale Residential Pty Ltd builder
• The Owners – Strata Plan No. 95693 owners corp
• STM 123 No. 8 Pty Limited developer

The Appeal Panel dismissed the builder's appeal against the work order requiring the builder to perform specified works to remedy major defects in the residential development, and refused leave to appeal against the interlocutory decision to refuse adjournment.

APPLICATION FOR INTERIM ORDERS – where the applicant seeks interim orders for an administrator to be appointed – whether there are urgent circumstances that warrant interim orders being made. Act, ss 152, 279; Commercial Module, ss 127

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

REASONABLENESS – whether the committee’s decision to reject a request to display commercial signage on a lot was unreasonable. Act, ss 94(2), 100(5)

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

COMMITTEE SPENDING – where purported spending by the committee exceeded the relevant limit for major spending- circumstances where spending beyond relevant limit for committee spending can be subsequently ratified by a general meeting INTERIM ORDER – Application for interim order–whether Adjudicator can be satisfied that an application raises a serious legal question and that the balance of convenience between the parties justifies injunctive relief. SDW2 Pty Ltd v JLF Corporation Pty Ltd [[2017] QSC 001](/cgi-bin/LawCite?cit=%5b2017%5d%20QSC%20001 "View LawCiteRecord") Australian Broadcasting Corporation v O’Neill [[2006] HCA 46](/cgi-bin/viewdoc/au/cases/cth/HCA/2006/46.html "View Case") Act s 279, Accommodation Module ss 125, 127, 163.

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

INTERIM ORDER– whether an interim order is warranted to restrain the body corporate from acting on motions allegedly passed by the committee for works to a planter box and fencing within the boundaries of two lots. Act, s 279.

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