Decisions table

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.

INTERIM ORDER; REASONABLENESS of committee resolutions. Act, ss 100(5), 150(2), 279; Accommodation Module, ss 152, 153, 154, 155

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

ADMINISTRATOR – where the body corporate has ceased to function since a previous administrator appointment ended; whether a further administrator appointment is required. Act, ss 276(4), 278, 301; Standard Module, ss 13(3)(d)&(5), 74(4), 84, 102(2), 160(1)(b), 223(3)(b).

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

INTERIM ORDERS – whether interim orders are warranted. 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.

IMPROVEMENT TO COMMON PROPERTY – where owner motions to approve the installation of solar panels on common property rooves to supply solar power to lots were not passed – whether consent was unreasonably refused – DAMAGES – whether the dissenting owners are liable for loss to the owners who submitted the motions – COSTS – whether the application was frivolous, vexatious, misconceived or without substance - whether the applicants should pay costs to the respondent. BUGT Act, ss 17, 18, 27, 30, 37A, 78, 79, 95C,

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

APPLICATION FOR INTERIM ORDERS – where the applicant alleges a motion to reappoint the body corporate manager was invalid; whether to prevent the motion from being implemented prior to final orders. Act, ss 149B, 279(1); Accommodation Module, s 87(3)(a), 95(1)(a).

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

• Noela Hunt lot owner
• Brian Hunt lot owner
• Cheryl Hunt lot owner
• The Owners - Strata Plan No 1158/84199 owners corp

Leave to appeal was refused and the appeal was dismissed; the Tribunal's decision that the owners corporation did not unreasonably refuse consent to install air-conditioning units on the balconies in non-compliant positions was upheld.

IMPROVEMENTS TO COMMON PROPERTY - EXCLUSIVE USE – where improvements were made to exclusive use area without body corporate approval. Act, ss 94(2), 276(1)

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

JUDGMENTS AND ORDERS – amending, varying and setting aside orders – corrections under slip rule – orders amended

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

• The Owners – Strata Plan No 64757 owners corp
• Sydney Remedial Builders Pty Ltd builder

Leave to appeal refused; the Court of Appeal upheld the primary judge's decision that proceedings claiming $850,000 in damages for building defects were commenced out of time under the Home Building Act 7-year limitation period.

INTERIM ORDER – Application for interim order– whether warranted in circumstances\_.\_ 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 238, 247, 276, 279 Commercial Module, s 30

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.

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.

ARCHITECTURAL CODE – whether the respondents have installed a clothesline in breach of the architectural code and by-laws – whether the architectural code and by-laws are valid. Act, ss 66, 97, 180; Standard Module, s 6.

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

ADMINISTRATOR; SUPPLY OF SERVICES – whether to appoint an administrator to bring the scheme back into compliance with the Act following a long period of inactivity; whether the scheme must change its water meters to allow owners to be charged for their lots’ individual consumption, rather than owners paying a share of the scheme’s total water use proportionate to their contribution schedule lot entitlements as presently occurs. Act, ss 31, 101(2), 196, 278; Standard Module, ss 7, 13(1), 58, 82(1), 83, 93(3)(a), 160(1), 162(1), 197(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, ss 151 & 279(1); Commercial Module, s181

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

GENERAL MEETING PROCEDURES – where the body corporate held its annual general meeting outside the legislative time limit – whether an order declaring the AGM to be valid is warranted in the circumstances. Accommodation Module, s 73

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

GENERAL MEETING MOTIONS; BODY CORPORATE MANAGER; IMPROVEMENT TO COMMON PROPERTY – Where the applicant challenges the validity of three general meeting motions proposing the appointment of a body corporate manager, works to the common property, and funding for the works to the common property. Whether the motions should be deemed invalid because: the notice of meeting and explanatory material were deficient the incumbent body corporate manager received and counted votes for a motion proposing their own reappointment owners were misled into believing the works to common property were maintenance only, but they included improvements, and a motion proposing a special levy to fund the improvements was decided by ordinary rather than special resolution. Act, ss 14, 106, 118(2), 119(2), 149B; Accommodation Module, ss 80, 81, 95(1)(b), 97(2), 102(1), 104, 125(2)(b), 152, 176.

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

COMMITTEE DECISION– REASONABLENESS - where committee has restricted access to secure parking spaces so that the number of fobs programmed to allow access to the secured car park is equal to the number of car spaces allocated to each unit – whether a decision on a restricted issue – whether decision reasonable in the circumstances. Act, s276. Act, ss 94(1), 100(5), 276; Accommodation Module, s 44.

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

CHANGE OF FINANCIAL YEAR – whether an order should be made to change the body corporate’s financial year. Act, s283

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

INTERIM ORDERS – whether interim orders are warranted. Act, s 94(2); Standard Module, ss 44, 173

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

Owners Corporation

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

CIVIL PROCEDURE – summary disposal – application seeking

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

CIVIL PROCEDURE – summary disposal – application for dismissal of proceedings for want of due despatch – where first defendant/cross-claimant has disengaged from proceedings – whether gross sum costs order should be made against first defendant/cross-claimant in favour of third cross-defendant

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

• The Owners – Strata Plan No. 85494 owners corp
• PBS Building (NSW) Pty Ltd builder
• Iris Property Group Pty Ltd developer
• Squillace Architects Pty Ltd consultant
• Royal Tiles Australia Pty Ltd contractor

Leave to amend pleading to add fire safety defects was granted conditionally, with the trial judge to determine whether the Second Defendant was prejudiced and whether the amendments should be revoked, and the Owners ordered to pay the Second Defendant's costs thrown away by the amendments.

COSTS — appeals — whether the Tribunal erred in not finding special circumstances and ordering costs after the Respondent, in substance, consented to the relief sought by the Appellant, the Applicant below — failure to consent to the Appellant’s proceedings earlier was not unreasonable — the Tribunal did not err in not finding special circumstances and not awarding costs in favour of the Appellant — whether the order of the Tribunal directing the Appellant to exempt the Respondent from any costs

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

MAINTENANCE – responsibility for painting of lot with private yard in BFP; BY-LAWS – whether preliminary procedures complied with regarding alleged breach. Act, s 184; Accommodation Module, ss 159, 170

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

FINANCIAL YEAR – whether the financial year end date for the body corporate should be changed. Act, s 283

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

FINANCIAL YEAR – whether the financial year end date for the body corporate should be changed. Act s 283

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.

NUISANCE, HAZARD, UNREASONABLE INTERFERENCE – where the respondent smokes on her lot and the applicant who resides in the neighbouring lot experiences smoke drift and odour – whether the respondent is causing a nuisance, a hazard, or an unreasonable interference in breach of the Act. Act, s 167

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