Decisions table

BODY CORPORATE PROPERTY – where there are doors in a brick wall between a lot car space and common property that are used to access utility infrastructure –whether the doors were installed by the body corporate without requisite approval – whether the doors impede the use of the car space – whether the doors should be removed and the space bricked up – COSTS – whether the application is frivolous or without substance – whether costs should be awarded. Act, ss 67-70, 94, 270; Accommodation Module, s 170

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

BUILDING AND CONSTRUCTION – contract – damages – defects –

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

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

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

IMPROVEMENT TO COMMON PROPERTY – whether an air-conditioning condenser installed on the common property requires body corporate consent – whether the lot owner should be ordered to remove the installation. Act, ss 94, 180, 182-184,; Accommodation Module, s 177.

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

IMPROVEMENT TO COMMON PROPERTY – whether an air-conditioning condenser installed on the common property requires body corporate consent - whether the body corporate acted unreasonably in refusing its consent. Act, ss 68, 69, 94(2), 169; Accommodation Module, ss 177.

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

MAINTENANCE OF UTILITY INFRASTRUCTURE – REPAIR OF WATER SUPPLY PIPE BELOW CONCRETE SLAB FLOOR IN BUILDING FORMAT PLAN Act ss 20, 152 Standard Module ss 180 Land Title Act 1994 ss 48C, 49C

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

ADMINISTRATION OF COMMON PROPERTY; EXCLUSIVE USE – where the body corporate committee removed a key from a door on common property, denying the applicant access to the stairs beyond; where the applicant wishes to continue using the stairs to access common property on the rooftop and as a potential fire escape from the upper levels of her lot; whether the body corporate must reinstate the key or compensate the applicant for lost access to the rooftop. Act, ss 94(1)(a), 270(1)(c).

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

• The Owners – Strata Plan No 89866 owners corp
• John Joseph Zouki party
• Hardy Pty Limited developer
• Kevin Zouki builder
• Juliane Lahood party

Freezing order restraining Hardy Pty Limited from dealing with proceeds of sale of Unit 5 was varied and continued until conclusion of hearing, with the restrained amount reduced from $3.2 million to $1.1 million and carve-out for ordinary living expenses removed; order restraining Juliane Lahood from dealing with Unit 5 was extended until conclusion of hearing.

INTERIM ORDER – whether an interim order is warranted Act, s279; Commercial Module, ss 32 & 33

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

ANNUAL GENERAL MEETING – where the annual general meeting is to be held more than three months after end of financial year – whether to extend the time for the annual general meeting – whether to declare the annual general meeting will be not be invalid for being held late Accommodation Module, s 73

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

COSTS – award for costs where appeal dismissed for non-appearance of appellant – special circumstances – appellant failing to appear at hearing of appeal despite expressly requesting a hearing – failure to comply with duty under s 36(3) of the Civil and Administrative Tribunal Act 2013 (NSW) – claim for lump-sum award of costs – principles applicable to fixing lump-sum

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

BY-LAWS – IMPROVEMENT TO LOT - REASONABLENESS - Section 94(2) Act - requirement of body corporate to act reasonably- where owners have installed a privacy screen within their lot & body corporate issued a Notice of Continuing Contravention of a Body Corporate By-law – impact on external appearance - whether the body corporate has acted reasonably. Act, ss 36, 59, 94, 182; Accommodation Module, ss 170, 177

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

Building and Property

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

MAINTEANCE – whether body corporate has failed to maintain fire door in good condition. Act, ss 94, 152, 270(1)(c), 280; Accommodation Module, s 170

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.

USE OF COMMON PROPERTY – where an area of unallocated common property has, in the absence of any formal designation as a visitor parking space, previously been used as one - whether it can be restored to a visitor parking space REASONABLENESS – whether the respondent body corporate acted unreasonably when making decisions regarding the use of an area of common property Act, ss 35, 94, 100 and 167; Accommodation Module, ss 44, 50 and 179

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

APPLICATION FOR INTERIM ORDER – where the body corporate passed a motion to renovate the pool – where the committee later voted to move the pools pumps to an area nearer to the applicant’s lot – where the applicant disagrees with the committee’s decision to move the pool pumps but the works on the pool area are set to commence imminently – whether an interim order restraining the works from being carried out is warranted in the circumstances. Act, ss 94, 100; Standard Module, s 172

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

APPLICATION FOR INTERIM ORDERS – where the body corporate resolved to engage a contractor to replace the roof and fund it by increasing contributions to the sinking fund; where the applicant says the body corporate committee lacked the power to enter a contract, the work should have been authorised by special resolution because it exceeds the ordinary resolution improvement range, and the contractor has contravened the QBCC Act; whether the body corporate should be prevented from giving effect to the resolution prior to final orders. Act, ss 95(1)(a), 276(1), 342; Standard Module, s 186.

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

ASSOCIATE – whether a candidate for election was an associate of a service contractor or letting agent; whether the body corporate elected an ineligible person to be a voting member of the committee. ONUS OF PROOF – STANDARD OF PROOF – EVIDENCE whether evidence sufficient to satisfy adjudicator Act, ss 99, 309; Standard Module, s 10.

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

REASONABLENESS – whether the respondent body corporate acted unreasonably by denying a motion at a general meeting IMPROVEMENT TO COMMON PROPERTY – whether the applicant ought to be authorised to make an improvement to common property Act, ss 94, and 100; Commercial Module, ss 134 and 140

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

CONTRIBUTIONS – whether the applicant is entitled to a refund for purportedly overpaid contributions COSTS – where department conciliation ended because one or more parties failed to attend the conciliation session, whether the respondent can be ordered to pay the applicant the application fees for the conciliation and adjudication applications Act, ss 229A and 280

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

COSTS — Party/Party — Orders when proceedings involve multiple parties — Whether some defendants should be considered “interveners” — Whether plaintiff ought to pay the costs of those defendants – Whether plaintiff capitulated COSTS — Party/Party — Court’s discretion — Where two dominant issues arose during the proceedings — Where plaintiff unsuccessful on first issue — Where second issue arose due to a controversy as between some defendants — Where plaintiff “agnostic” as to outcome of second i

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.

BY-LAWS – whether the respondent is required under the by-laws to provide an acoustics report pursuant to the installation of hard flooring in his lot Act, s 169(1)(b)

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

MAINTENANCE; PROPERTY DAMAGE – where the waterproof membrane on a lot balcony has failed, allowing water ingress to damage the applicant’s property; whether the body corporate must replace the membrane, retile the balcony, and repair the applicant’s property. Act, s 281; Standard Module, ss 180(2)(a)(iii), 211(3).

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

LANDSCAPE AND CONSTRUCTION CODE – compliance with Act, ss 59, 94, 228

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

ACCESS TO A LOT – where the body corporate issued an entry notice seeking access to the respondent’s lot for an extended period for balustrade replacement works at the scheme – where the respondent objected to the extent of access sought – whether the extent of access sought is reasonably necessary - whether orders for access are required. Act, s 163

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

OBLIGATION OF BODY CORPORATE TO MAINTAIN COMMON PROPERTY MAINTENANCE / IMPROVEMENTS – whether works on common property constitute “improvements” or “maintenance”. Sections 152, 159 Body Corporate and Community Management Act Sections 180, 186, 211 Body Corporate and Community Management (Standard Module) Regulation Morcom and Ors v Campbell-Johnson and Ors [[1955] 3 All ER 264](/cgi-bin/LawCite?cit=%5b1955%5d%203%20All%20ER%20264 "View LawCiteRecord") No 9 Port Douglas Road [[2006] QBCCMCmr 674](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2006/674.html "View Case") Castaway Cove [[2023] QBCCMCmr 181](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2023/181.html "View Case")

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

GENERAL MEETING MOTIONS – whether exclusive use has or should have been granted BY-LAWS – where a by-law requires a lot is used only for the purpose for which it was designed – whether the by-law goes beyond regulating the use and enjoyment of the lot – whether the by-law is oppressive or unreasonable Act, ss 62, 169(1), 170, 171, 180(7)

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

BODY CORPORATE RECORDS; GENERAL MEETING PROCEDURES – whether the body corporate was entitled to deny the applicant a copy of legal advice it obtained on motions he submitted to a general meeting; whether an AGM should be reconvened because the body corporate failed to circulate the explanatory notes to the applicant’s motions; whether the applicant’s motions were unlawful or unenforceable; whether all general meetings must be held at a physical location that owners may attend in person. Act, ss 97, 276(4), 278, 301; Standard Module, ss 86(1), 87(3)(e), 90(1)(a), 92(1), 98(1)(a), 99(2)&(5), 109(2)(a), 232.

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.

COMMITTEE PROCEDURES / REASONABLENESS – where the body corporate committee replaced the standard power outlets in the scheme’s basement carpark with lockable ones – where the applicant has been denied permission to use the locked outlets – where the applicant wants the body corporate to reinstate owners’ access to the outlets – whether the orders sought are warranted in the circumstances. Act, ss 94, 100, 270, 280; Standard Module, ss 52(1), 184, 186

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

UNIT TITLES – where owners corporation required entry to a unit on level 4 to rectify balcony waterproofing defects resulting in water leakage and damage to the interior of a unit on level 3 – where the balcony is not common property – where the balcony is a ‘defined part’ of the building that the owners corporation is responsible to maintain – where the unit owner refused entry to the unit – whether order should be made to allow access to the balcony via externally erected scaffolding – where the respondent failed to appoint an authorised representative and appear at three directions hearing and the final hearing – where former director joined as a party on the initiative of the Tribunal on the premise he is an occupier – where premise found to be incorrect – whether party joined should be removed as a party – whether application should be decided in the absence of the respondent – party-joined removed – relief granted ex parte Legislation cited: ACT Civil and Administrative Tribunal Act 2008, ss 7, 7A, 47A Unit Titles Act 2001, s 9 Unit Titles (Management) Act 2011, ss 24, 28, 31, 125, 129 Subordinate Legislation cited: ACT Civil and Administrative Tribunal Procedures Rules, rr 41, 61

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

RECORDS – where the body corporate refused to give the applicant the body corporate roll – whether the body corporate breached its obligation to provide access to records – whether the roll must be supplied. Act, s 205

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

COMMITTEE RESOLUTION – where the committee resolved to reimburse the caretaker for expenses incurred for work carried out to common property - whether the dispute is within jurisdiction – whether the committee considered a restricted issue - whether the committee acted unreasonably – whether the resolution is void. Act, s100; Accommodation Module, s44

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

MAINTENANCE – whether the body corporate has undertaken adequate termite prevention measures –Act, ss 152, 276; Standard Module, s 180. REASONABLENESS - Section 94(2) Act - requirement of body corporate to act reasonably in carrying out its statutory functions – adequacy of termite control measures implemented by the body corporate.

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

COMMITTEE PROCEDURES – where the body corporate committee is making decisions informally without proper notice to owners, and making decisions that exceed its spending limit or concern a restricted issue; whether the committee should be restrained from spending money or improving common property unless a resolution has been passed to authorise it, with the required notice to owners; whether the committee should be restrained from exceeding its spending limit. Act, s 288(1); Standard Module, ss 52(1)(d), 55(3), 65, 68(3), 69, 71(2)(b), 72, 73(1), 160, 162(2), 172-174, 186(3).

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

DECLARATIONS – where the applicants sought orders about access to body corporate records – where the applicants say that orders for access are no longer required – where the applicants seek declarations about the alleged unlawful denial of access and about the utility of the application itself – whether a declaratory order about prior unlawful conduct should be made if the central dispute no longer exists COSTS – whether a costs order should be made in dismissing the application

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

REASONABLENESS – where applicant has a severe allergy to certain chemicals found in some pest control treatments, whether body corporate is acting reasonably in making decisions about pest control at the scheme. BY-LAWS – NUISANCE, HAZARD, UNREASONABLE INTERFERENCE – whether use of the chemicals by owners or occupiers on commercial lots would be a hazard or otherwise contravene the scheme’s by-laws or the legislation – whether the orders sought are warranted. Act, ss 94(2), 100(5), and 167

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.

EMERGENCY EXPENDITURE – where the committee is seeking authorisation for expenditure in excess of the relevant committee spending limit – whether the circumstances give rise to a genuine emergency. Act, ss 243A, 331; Accommodation Module, ss 170, 187, 188

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

IMPROVEMENT TO LOT – where an owner installed an awning structure to the lot – whether the alteration was a change to the external appearance of the lot requiring body corporate approval – whether there was a contravention of the by-laws – whether the structure should be removed. Act, ss94, 111E-H, 185(3); Specified Two-lot Schemes Module, ss 5, 6, 45

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

EMERGENCY EXPENDITURE – whether the committee should be permitted to exceed its spending limit so it may restore electricity to a lot without waiting for authorisation from a general meeting. Act, s 20; Standard Module, ss 91, 172, 173, 180(1).

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

MAINTENANCE; ADMINISTRATOR – whether the body corporate should be ordered to replace a waterproof membrane and tiles, and install new drainage, upon a rooftop terrace within a lot; whether an administrator should be appointed to oversee this work and exercise all powers of the body corporate for six months. Accommodation Module, ss 170, 201(3)&(5); Land Title Act 1994, ss 48C, 49C(4).

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

MAINTENANCE; PROPERTY DAMAGE; ADMINISTRATOR – whether the body corporate must pay for a lot owner’s property damaged by water ingress, and for temporary accommodation while his lot is repaired; whether an administrator should be appointed with all powers of the body corporate for six months. Act, ss 20, 31, 281; Accommodation Module, ss 152(5), 159, 170(1).

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

COMMITTEE RESOLUTIONS – whether the committee acted reasonably in making decisions about supplying electricity services to a marina external to the scheme. Act, ss 94, 96, 100(5), 196, 229A; Standard Module, ss 52(1)(b), 210

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

• The Owners-Strata Plan No 53865 owners corp
• JPG Investments Pty Ltd lot owner
• Conrad Corporation Pty Ltd lot owner

The Appeal Panel dismissed the lot owners' application for costs, finding that special circumstances had not been established under section 60(2) of the Civil and Administrative Tribunal Act 2013 and each party must bear its own costs of the appeal.

COMMITTEE RESOLUTION – where committee grants retrospective approval for owner improvements to common property – where committee imposes conditions on approval - whether the committee acted reasonably Act, ss 94 & 100; Accommodation Module, s76

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

COMMITTEE RESOLUTIONS – whether committee decisions to incur expenditure on a pontoon and levy an owner for the expected cost are valid – whether the body corporate could charge the owner for the cost – whether the body corporate unreasonably refused to waive penalty interest on amounts owned by the applicant. Act, ss 94, 100, 161, 229A, 270; Standard Module, ss 165, 166, 172, 187, 212

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

BODY CORPORATE RECORDS – access to. Act, ss 204, 205; Standard Module, ss 68, 71, 231

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