Decisions table

MAINTENANCE – where owner experienced water ingress to her lot – where the body corporate’s initial attempts to rectify the leak have failed – whether the leak is caused by a failed waterproofing membrane in the balcony above – whether orders to rectify the leak remain warranted in the circumstances. Accommodation Module, s 170

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

INTERIM ORDER – where applicant says a proposed motion to appeal an earlier adjudicators order is misleading – whether an interim order to stop implementation of the resolution if passed is warranted Act, s 279

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.

APPEALS – Finding of breach of duty to maintain and repair common property - exercise of discretion - no error of law- no basis for granting leave to appeal

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

APPLICATION FOR INTERIM ORDER – where motions to install a new electric gate on common property were deemed to have passed by ordinary resolution despite proposing expenditure above the “ordinary resolution improvement range”; whether the body corporate should be prevented from going ahead with the installation before the application can be decided. Act, ss 106(3)(b), 247(3), 279; Standard Module, ss 173, 186.

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

NUISANCE, HAZARD, UNREASONABLE INTERFERENCE – where the respondents smoke on their lot balcony and occupiers of neighbouring lots experience smoke drift and odour – whether the respondents are contravening scheme by-laws and causing a hazard or unreasonable interference to others in breach of the Act. ss 59,167,182 Act.

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

CHANGE OF FINANCIAL YEAR – whether to change the financial year end date of the body corporate. Act, s283

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

GENERAL MEETING MOTION – where the body corporate authorised the committee to enter into an agreement with the caretaking service contractor to allow the organising of events as an ancillary service to the caretaker’s letting activities – whether the motion was sufficiently clear to be enforceable – whether there was a delegation of the body corporate’s powers – whether it was a restricted issue for the committee – whether the purported use of common property requires the grant of a proprietary right such as a lease or licence of the common property – whether the motion was valid. Act, ss 97, 167; Accommodation Module, ss 44, 88, 174

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

REASONABLENESS; UTILITY INFRASTRUCTURE – The applicant paid a plumber to unblock a drain that turned out to be common property. The committee refused to reimburse the expenditure because it was not satisfied the item that blocked the drain had been there since the construction of the scheme. The applicant argues the committee acted unreasonably and its decision should be reversed. Act, ss 20, 100(7), 280; Accommodation Module, s 170(1); Land Title Act 1994, ss 48C, 49C(4).

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

APPLICATION FOR INTERIM ORDERS – Where the applicant has challenged five motions passed at the scheme’s 2024 annual general meeting – where the applicant is seeking interim orders to restrain the body corporate from implementing the motions while final orders are decided – whether there are urgent circumstances that warrant interim orders being made. Act, ss 270, 279; Accommodation Module, ss 125, 163, 174, 176

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

GENERAL MEETING MOTION – where a motion to engage a body corporate manager referred to a 3-year term – where committee information referred to the engagement as being for a further 12 months – whether the motion should be amended – ADMINSTRATOR – whether an administrator should be appointed. Act, s 278; Commercial Module, ss 44, 45, 91

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

IMPROVEMENT TO COMMON PROPERTY – where fencing has been installed on common property without approval – whether the fencing should be removed. Standard Module, ss 184, 187

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

CIVIL PROCEDURE – pleadings – amendment – where plaintiff seeks to exercise liberty to replead allegations against the third defendant – whether prejudice to the third defendant by reason of delay and other matters CIVIL PROCEDURE – admissions – where plaintiff’s proposed amended list statement contains new allegations as to an alleged contract between the second and third defendants said to be evidenced by “evidentiary admissions” in the second and third defendants’ cross-claim against third pa

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

CARETAKING SERVICE CONTRACTOR - ENGAGEMENTS AND AUTHORISATIONS – RIGHTS AND OBLIGATIONS OF PROPRIETORS – whether decision of body corporate to extend Caretaking Service Agreement was valid STATUTORY INTERPRETATION – USE OF EXTRINSIC MATERIAL Body Corporate and Community Management Act 1997 (Qld), ss. 94, 122, 227, 229, 318. Acts Interpretation Act 1954 (Qld), s. 14A, 14B, 32C. Statutory Instruments Act 1992, s 14 Body Corporate and Community Management (Standard Module) Regulation 2020 (Qld), ss. 135, 136, 140, 141 Explanatory Notes, Body Corporate and Community Management Legislation Amendment Regulation(No 1) 2003 (Qld) Lill v Ryan [[2011] QCATA 124](/cgi-bin/viewdoc/au/cases/qld/QCATA/2011/124.html "View Case") Lacey v Attorney-General (Qld) [[2011] HCA 10](/cgi-bin/viewdoc/au/cases/cth/HCA/2011/10.html "View Case"); (2011) 242 CLR 573 Minister for Immigration v SZAYW [[2005] FCAFC 154](/cgi-bin/viewdoc/au/cases/cth/FCAFC/2005/154.html "View Case"); (2005) 145 FCR 523 Strata Plan No. 74602 v Eastmark Holdings Pty Ltd [](../../../../BCCM/Appeal%20&%20External%20Decisions/External%20decisions/The%20Owners%20-%20Strata%20Plan%20No.%2074602%20v%20Eastmark%20Holdings%20Pty%20Limited%20%5b2013%5d%20NSWCA%20221.pdf)[[2013] NSWCA 221](/cgi-bin/viewdoc/au/cases/nsw/NSWCA/2013/221.html "View Case")

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

COMMITTEE MOTION – whether motion proposed spending in excess of committee spending limit; REASONABLENESS – whether committee acted reasonably in the circumstances when it decided to engage a particular law firm. Act, s 100(5); Standard Module, ss 168, 172

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.

COMMITTEE MOTIONS – where the body corporate considered several motions about issuing by-law contravention notices – whether the decisions were valid. Act, ss 94, 100, 182-188; Standard Module, s 66

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

REASONABLENESS – where a payment the applicant had made went missing when the body corporate switched body corporate managers and this led to debt accruing on the applicant’s account – where the applicant disputed this debt but ultimately paid it in order to finalise the sale of her lot – whether the body corporate acted unreasonably in pursuing the debt and whether it is obligated to reimburse the applicant. Act, ss 94, 100, 280; Standard Module, s 166

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

INSURANCE – A storm damaged a balcony of lot 6 and an improvement to common property on the rooftop above it. The owner claimed on the body corporate’s insurance, but the body corporate committee cancelled the claim because it said it could repair the balcony for less than the cost of the excess, and the rooftop structure was not constructed in the manner authorised by the body corporate. The applicant claims the balcony was not properly repaired. The applicant says the body corporate acted unreasonably, should allow the insurance claim to proceed, and should carry out further repairs to the balcony. Act, ss 11(1), 100(5); Standard Module, ss 180(2), 187, 195, 198(2), 201, 203(4), 211(3).

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

INTERIM ORDER – whether an interim order should be extended. Act, s 279

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

BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — S 48O discretion — Defects

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 94 and 97

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.

BY-LAW – whether a by-law restricting short-term letting of lots is valid. Act, ss 169, 180

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

ANIMAL BY-LAW – whether the body corporate failed to act reasonably when refusing permission for the applicant to have a dog at her lot Act, ss 94(2),100(5)

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

COMMON PROPERTY – where the applicant alleges there are alterations, obstructions and damage on an emergency evacuation route on common property – whether work is required to rectify the common property – whether orders are warranted. Act, ss 59, 67-70,94, 152, 171; Commercial Module, ss 30, 127, 133, 134, 140, 174, 177

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

BY-LAWS – where the respondent commenced construction of a patio roof on his lot without body corporate approval in contravention of the by-laws; whether he must obtain approval or remove the structure. Act, s 59(2)(b).

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

PROPERTY DAMAGE; MAINTENANCE – The applicant’s lot was damaged by water ingress from a leaking bath waste in the respondent’s lot. Whether the respondent must pay the cost of repairs. Act, ss 20; 281; Accommodation Module, s 201; Land Title Act 1994, s 48C.

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

RECORDS – where the applicant has sought but not been given various records – whether the applicant is entitled to the records. Act, s 205, Accommodation Module 220 - 222

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

• Michael David Horan lot owner
• The Owners – Strata Plan No. 68307 owners corp

The respondent was ordered to pay the appellant's costs of the appeal on an ordinary basis, as the appellant was successful in having the damages award increased from $9,325.19 to $46,616.26.

INSURANCE – The body corporate excluded the applicant’s lot from its building reinstatement insurance for many years. Should the body corporate take out a new policy of insurance that includes their lot, refrain from levying them for insurance contributions until it does, and credit their account for contributions paid while their lot was not covered? Accommodation Module, ss 187, 188, 191(1).

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

BY-LAW – INTERPRETATION – where an occupier parks in specified visitor parking spaces – where a by-law regulates parking – whether in fact the by-law prohibits parking in visitor parking spaces Act s 59

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

MAINTENANCE of COMMON PROPERTY; UTILITY INFRASTRUCTURE; PROPERTY DAMAGE Act, ss 20, 281; Standard Module, ss 180, 211(3)

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

GENERAL MEETING MOTION – where a motion proposed to record a new community management statement including an exclusive use by-law about car parking – where the motion failed to achieve a resolution without dissent - whether dissenting votes were unreasonable in the circumstances - whether the motion should be deemed passed Act, ss 170, 171, Schedule 5, Item 10

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

MAINTENANCE; GENERAL MEETING RESOLUTIONS – The applicant says rainwater enters his lot due to the contours of the surrounding common property and problems with the drainage infrastructure, some trees on common property are hazardous or may block drains with their roots, his patio balustrade is rusted through in places, and a light in the garage may be struck by the garage door when it opens. Several motions at a general meeting addressed these issues, but all failed. The applicant alleges a failure to maintain common property in good condition and asks that the motions are deemed to have passed. Act, ss 20, 280; Standard Module, ss 172, 173, 180, 186, 187.

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

MAINTENANCE – BODY CORPORATE DEBT – JURISDICTION – whether the respondent should reimburse the body corporate for a plumbing invoice where the applicant alleges the respondent engaged the plumber on behalf of the body corporate without authority, and further alleges maintenance of the hot water tempering valve was not the body corporate’s responsibility – whether the dispute is to be characterised as a debt dispute – whether the dispute is therefore within an adjudicator’s jurisdiction. Act, ss 37, 101B, 229A; Accommodation Module, ss 170, 202.

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

REASONABLENESS – whether the body corporate acted unreasonably by not providing retrospective approval for the installation of a fence on common property or the scheme boundary Act, ss 94(1) and (2), 100(5) and 152(1); Standard Module, s 180(1)

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

• Victor Keddis lot owner
• The Owners - Strata Plan No 20198 owners corp

Both proceedings were dismissed; the tribunal found that strata scheme 20198 is functioning satisfactorily, the owners corporation did not fail to perform its duties in material respects, and a compulsory strata manager should not be appointed.

BY-LAWS – where the respondent parked a vehicle in a visitor parking space, whether the respondent contravened the by-laws and the circumstances make it likely that the contravention will be repeated REASONABLENESS – where the body corporate relaxed the by-laws relating to visitor parking at a committee meeting and enabled occupiers to park in these spaces and where it denied the respondent’s request to park in these spaces, whether it acted unreasonably or made an unreasonable decision – whether the body corporate’s decision to enforce the by-laws against the respondent and not other occupiers who similarly contravened the by-laws is unreasonable Act, ss 183, 270(3) and 280; Accommodation Module, s 44(1)(b)

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

DAMAGES – costs of rectification works

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

COMMITTEE MOTION - whether the committee could prevent the use of power outlets on common property to charge electric vehicles – whether the decision was a restricted issue for the committee. Act, s 180; Standard Module, s 52(1)

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.

GENERAL MEETING MOTIONS; MAINTENANCE Act, ss 94(2), 270, 279; Standard Module, ss 66, 86, 162,173, 180

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 270, 279; Accommodation Module, ss 74, 75, 83(1), and 95-97

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, s279

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

INTERIM ORDER – where owner seeks retrospective approval for air-conditioner installed on common property – where body corporate is also considering motion to remove the air-conditioner - whether interim order is warranted to restrain the body corporate from removing the air-conditioner pending final orders. Act, s279(1)

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

IMPROVEMENT TO COMMON PROPERTY – where a fence has been installed on common property without approval – whether the installation should be allowed – whether a grant of exclusive use is required - whether the fence should be removed. Act, ss 170, 171; Accommodation Module, s 177

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

ARCHITECTURAL AND LANDSCAPE CODE – BY-LAWS – REASONABLENSS – where lot owners served body corporate with a notice that they believed another lot was contravening the community management statement by growing bamboo near the boundary fence, whether body corporate acted reasonably in the circumstances when it decided not to take action to enforce provisions of its CMS. Act, ss 94, 100(5), 182, 185; Standard Module, s 6(b)

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

• Samar Sultan lot owner
• The Owners Strata Plan no 54721 owners corp

The applications of both parties for costs of the appeal were dismissed; the appellant succeeded in having a costs order set aside but was unsuccessful in appealing the monetary order for outstanding levies, and the Appeal Panel made no order for costs of the appeal.

MAINTENANCE – whether the body corporate has failed to maintain elements associated with windows and doors in the applicant’s lot – RECORDS – whether the body corporate has failed to provide access to body corporate records. Act, ss 205, 270; Accommodation Module, ss 170, 201

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