Decisions table

COMMITTEE DECISION – REASONABLNESS – where the committee approved the applicant’s proposal to install a cat net on her lot’s balcony but subject to the condition that it be similar to a balcony screen installed on another lot which was not designed for animal containment – whether the committee acted unreasonably by imposing that condition – whether the applicant ought to have deemed approval to install a cat net on her balcony without that condition EXTERNAL APPEARANCE OF LOT – whether there was an unacceptably substantial change to the appearance of a lot which warranted the body corporate refusing permission for an installation Act, ss 94(2) and 100(5)

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

EMERGENCY ORDER\_-\_ APPOINTMENT OF ADMINISTRATOR whether an administrator should be appointed – who should be appointed, with what powers, and for how long. Act ss 227, 229(3), 243A, 301.

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

MAINTENANCE – where the scheme’s building requires significant remedial works but owners have voted down motions to address the maintenance issues – whether it is unreasonable for the body corporate to decide not to carry out necessary repairs. Act, ss 94, 100, 152, 160, 287, 288; Accommodation Module, ss 170, 201

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

GENERAL MEETING MOTIONS – MAINTENANCE – where a motion to replace windows in a lot was passed and then rescinded – whether the original motion was valid – whether the rescission motion was valid – whether the body corporate must replace a window in a lot. Act, ss 94(2), 100(5), 163, 242; Standard Module, ss 116, 172, 180

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

ADMINISTRATOR – whether an administrator should be appointed to resolve a conflict about the use of the common property and alterations to the lots. Act, ss 21, 62(2)-(3), 95(1)(a), 195, 196, 339(5)(a); Standard Module, ss 3, 13(5), 82(1), 135, 180(1), 187(4)(b).

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

IMPROVEMENTS TO COMMON PRPOPERTY; DISPOSITION OF COMMON PROPERTY – whether the respondents must remove a deck that was constructed without body corporate approval on unallocated common property; whether the respondents must reverse landscaping changes they made to the common property without body corporate authorisation; whether a fence must be removed to allow lot 1 unfettered access to common property beyond it. Act, ss 10(2)(b), 35(1), 62(2), 94(1)(a); Standard Module, ss 184(2)(a), 187; Land Title Act 1994, s 48C.

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

• The Owners - Strata Plan No. 94784 owners corp
• Mirvac Projects Pty Ltd developer
• Mirvac Constructions Pty Ltd builder

The court refused leave to the Owners Corporation to rely on supplementary expert reports served in breach of a consented guillotine order, finding the explanation for non-compliance was not adequate, comprehensive, and candid.

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.

INTERIM ORDER – whether interim orders are warranted in the circumstances. Act, ss 96, 279; Accommodation Module, s 200.

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

BY-LAWS – where occupier is parking vehicle on common property – whether the vehicle causes an obstruction in contravention of the by-laws – whether body corporate approval was given – whether orders can be made against the respondent owner. Act, ss 94, 185

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

BODY CORPORATE RECORDS – whether access wrongfully denied; REASONABLENESS – of body corporate installing gutters on lot 15 deck. Act, ss 20, 94, 100(5), 205; Standard Module, ss 180, 231

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

EMERGENCY ORDER\_-\_ APPOINTMENT OF ADMINISTRATOR Act s\_s\_ 227, 229(3), 243A, 301.

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

BUILDING AND CONSTRUCTION – Home Building Act 1989 – residential building work – statutory warranties – defendant constructed development of 45 townhouses – extent of defects – whether damage to lot property or common property – scope of rectification works

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

IMPROVEMENT TO COMMON PROPERTY; EASEMENT; REASONABLENESS – where the applicant submitted a motion to a general meeting seeking approval to mount two air conditioning condensers on a common property wall, but the motion failed; whether an easement exists in favour of the condensers in that location; whether the body corporate acted unreasonably; whether the motion should be deemed passed. Act, ss 94(2), 167; Small Schemes Module, ss 99(4)(a)(ii)(E), 106(4)(b), 131; Land Title Act 1994, s 115O.

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

GENERAL MEETING MOTION – where the body corporate resolved to enter into an agreement to allow access to its common property facilities by a neighbouring property – whether the motion was valid – whether the person voting on behalf of the subsidiary bodies corporate was eligible and authorised to do so – whether the agreement is valid – TIME LIMIT – whether there is good reason to waive the time limit for an application to invalidate the general meeting or the disputed motion. Act, ss 94, 95, 242, 309; Standard Module, ss 10, 12, 99, 103, 191 /

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

ANIMAL BY-LAW / REASONABLENESS – whether the body corporate acted unreasonably in refusing to grant approval to keep a dog. Act, ss 94, 100

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

IMPROVEMENT TO COMMON PROPERTY – where pergolas and glazings (Improvements) installed on the balconies of two lots in or before 2017 do not comply with conditions of body corporate approval, in part because both Improvements have non-compliant combustible cladding as a roof, whether the body corporate resolved to rescind its prior approval for the entirety of the Improvements, whether new approval required. REASONABLENESS – whether the body corporate and committee acted reasonably in making decisions about the Improvements. DISPOSITION OF COMMON PROPERTY – whether pergolas or glazings required authorisation by a resolution without dissent. ADJUDICATOR POWERS – whether it is just and equitable in the circumstances to make orders that the respondents remove the Improvements in their entirety. Act, ss 94, 100(5), 154, 159; Standard Module, ss 184, 187, 192

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 appeal regarding the monetary order for levies ($15,105.62) was dismissed and affirmed, but the appeal regarding the water ingress application was upheld and remitted for rehearing due to denial of procedural fairness when the respondent's expert witness was not available for cross-examination.

INTERIM ORDER – where body corporate resolved to enter into an agreement for the caretaking service contractor to provide ancillary services – where applicant disputes the validity of the decision – whether interim order should be granted in the circumstances. Act, s279(1)

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

• Mercy Samia lot owner
• Carolina Foster lot owner
• The Owners – Strata Plan No 67743 owners corp

The appeal was dismissed and leave to appeal refused; the Tribunal's decision to appoint Strata Management Services Pty Ltd as compulsory strata manager for the dysfunctional two-lot strata scheme was upheld.

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.