Decisions table

Preliminary issue - Scheme by-laws - Common property - Proper construction of scheme by-law 17 'Repair and Maintenance of Premises' and by-law 19 'Exclusive use' - Whether written consent required for exclusive use - 'Exclusive use property' - Whether by-law 19 confers exclusive use and enjoyment of, or special privileges over part of the common property - Repair and maintenance of premises

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

GENERAL MEETING MOTION – to require owner to reimburse expenditure previously authorised by the committee – whether valid. Act, ss 94(2), 242; Accommodation Module, s 170

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

REASONABLENESS; COMMITTEE RESOLUTION – whether the committee acted unreasonably when refusing to grant approval for the applicant’s dogs to reside at the scheme – whether the committee’s decision should be reversed. Act, ss 4(a), 100(5), 179.

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

INTERIM ORDERS – where prospects of final orders are poor – whether to make interim orders Act, s 279

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

• Kevin Lenux lot owner
• The Owners - Strata Plan No 88786 owners corp

Both proceedings were dismissed; the tribunal found that Special By-law 1 prohibiting enclosure of the mezzanine level was valid and not harsh, unconscionable or oppressive, and that the owners corporation did not unreasonably refuse to make the modified renovation works by-law.

Jurisdiction of Tribunal - Common property - Scheme dispute - Alleged breach of scheme by-laws - Serious adverse consequence - Declarations - Orders - Exercise of Tribunal's discretion - Monetary penalty - Resolution of scheme dispute

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

IMPROVEMENT – where owner in a two-lot scheme seeks approval from other owner to make improvement to exclusive use area - whether approval for the improvement should be given – whether body corporate acted unreasonably. Act, s94; Small Scheme Module, s112

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

PROPERTY DAMAGE; REASONABLENESS – whether the body corporate failed to maintain utility infrastructure forming common property – whether such failure caused damage to the applicant’s property – whether the body corporate acted unreasonably in denying the applicant’s claim for the replacement of purportedly damaged property Act, ss 20, 94(2), 100(5), 270(3), 280 and 281; Accommodation Module, s 170

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

• Virginia Louise Osborne lot owner
• The Owners - Strata Plan No 13516 owners corp

The respondent was found to have breached its duties to maintain common property (electrical infrastructure and asbestos-contaminated cabinet) but the applicant succeeded in recovering only $4,752.00 for a damaged marble table and 50% of costs, with claims for loss of rental income and other expenses dismissed.

BY-LAWS – whether the respondent has contravened the scheme’s by-laws Act, ss 59, 161, 168, 169; 180(7); 270(3)

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

IMPROVEMENTS TO COMMON PROPERTY; EXCLUSIVE USE – where there is evidence past owners intended to divide the common property for the exclusive use of each of the two lots but no exclusive use by-law was ever recorded – where the respondent made improvements within what he believed to be his exclusive use area seemingly without body corporate approval – whether each lot should be given the exclusive use of half the common property – whether the respondent should remove his improvements. Act, ss 35(1), 62(2)&(3)(a), 65(1), 170(1), 179; Standard Module, ss 187, 193; Building Units and Group Titles Act 1980, s 30(7D)-(7E).

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

EGM PROCEDURES - Chairperson to have available for inspection a list of the names of the persons who are entitled to vote. COUNTING OF VOTES- entitlement to request a poll. COMMITTEE SPENDING – where spending involves payment of insurance premium. RATIFICATION - circumstances where spending can be subsequently ratified by a general meeting. Act, ss 47, 73, 77 Schedule 2, Part 2

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

EMERGENCY EXPENDITURE – whether circumstances constitute an ‘emergency’; MAINTENANCE. Act, ss 94(2); Accommodation Module, ss 152(2), 153(1), 161(2), 162(1), 163, 170(1)

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

• The Owners of Strata Plan No 97315 owners corp
• Icon Co (NSW) Pty Ltd builder

Application for leave to appeal from the primary judge's decision adopting the referee's report regarding defective sunshade installations was dismissed with costs, as the application did not raise an issue of principle, question of public importance, or reasonably clear injustice.

ANIMAL BY-LAW – whether the committee acted reasonably in refusing permission for applicant’s animal as required under by-laws – whether approval should be given for the animal. Act, ss 94(2), 100(5)

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

APPLICATION FOR INTERIM ORDER – where the body corporate has refused to reconsider the entry and exit access conditions it imposed on the applicant’s pet approval – whether the circumstances warrant granting an interim order in this case. Act, ss 94; 100

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

Strata titles scheme - Scheme dispute - Specified scheme function - Authority of strata manager - Statutory construction - Strata management contract - Authority to perform scheme function - Whether manager authorised to perform a specified scheme function - Functions of council of the strata company - Nature of relationship between strata company and strata manager

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

LAND LAW — Strata title — Termination of strata scheme — Where termination orders sought not unanimous — Where there are existing debts owed by owners corporation to an unsecured lender — Whether registered mortgagees ought be paid first from proceeds of sale if termination orders made — Whether collective sale pursuant to Part 10 of the Strata Schemes Development Act is more appropriate in the circumstances

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

APPLICATION FOR INTERIM ORDERS – where a general meeting voted to change the opening hours of an automatic gate that allows vehicles to enter the car park – where the applicant proposed alternative opening hours that would better suit the business operations of his tenant but his motion failed – where the applicant argues that the body corporate acted unreasonably and failed to properly substantiate its claims in its explanatory note – whether the opening hours proposed by the applicant or the opening hours formerly in effect at the scheme should be implemented on an interim basis while the application is decided. Act, ss 94(2), 279(1).

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

BY-LAWS – whether the respondents have parked vehicles on common property in breach of the by-laws - whether a trailer is a vehicle. Act, ss 59, 182-188.

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

COMMITTEE ELECTION – whether votes cast by corporate nominees were validly rejected – whether vote cast by representative under power of attorney was validly rejected. Standard Module, s101

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

BUILDING AND CONSTRUCTION – Design and Building Practitioners Act 2020 (NSW) – statutory duty under s 37 – application to amend Technology and Construction List Statement

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

GENERAL MEETING MOTION / COMMITTEE MOTION / REASONABLENESS – where the scheme’s by-laws require approval from the body corporate to change external colours of any building located on a lot – where the applicant sought permission from the body corporate to change certain external colours but approval was refused – whether the body corporate has acted unreasonably. Act, ss 94, 100; Standard Module, ss 116

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

ACCESS TO RECORDS – where the applicant seeks a copies of records Act, ss 15, 205 Schedule 6. COMMITTEE RESOLUTIONS Standard Module, ss 68, 69, 204, 205, 231, 233.

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

MAINTENANCE – whether window awnings require maintenance - whether the body corporate is responsible for the work – whether the awnings can be repaired, replaced, or removed. Act, s152; Standard Module, ss 172, 173, 180, 186

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

APPEALS – Adequacy of reasons LAND LAW – Strata title – By-laws - Interpretation of by-law – Whether by-law is an “instrument” for the purposes of the Interpretation Act 1987 (NSW) WORDS AND PHRASES – “Instrument”

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 application, schedule of unit entitlements would require amendment - 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.

GENERAL MEETING – COMMITTEE MEETING – COSTS – where legislation requires meeting minutes to be distributed within 21 days – where owner complains that body cororate has not issued meeting minutes propmptly – whether to order that meeting minutes be issued within the period required by law – whether it is appropriate to make an order wich does no more than restate the law – whether to order costs against the applicant Act, ss 77(1); 94C

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

CONTRIBUTIONS – where committee refused to reinstate a lost discount – whether there were special reasons to allow the discount – whether the committee acted unreasonably in refusing to allow the discount. Act, s94, 100(5); Standard Module, s166(6)

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

GENERAL MEETING PROCEDURE – COMMITTEE ELECTION – GENERAL MEETING MOTIONS – whether there were defects in the conduct of the annual general meeting– whether the committee nomination and election processes were valid – whether motions were properly considered – whether the meeting should be invalidated. Act, ss 94(2), 100, 242; Commercial Module, ss 14, 40, 56

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

BY-LAWS – where the applicant complains of intrusive noise from the lot above that she attributes to inadequate acoustic insulation beneath the vinyl flooring and tools being used within the lot – where the vinyl flooring was installed by a previous owner of the lot – whether the flooring was installed in compliance with the by-laws – whether the present owner must engage an acoustic engineer to test the floor’s compliance with the by-laws, change the flooring, or take other measures to reduce the noise in the applicant’s lot. Act, ss 167, 270(1)(e).

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

BY-LAW – where a lot owner complains of noise from the lot above – where a by-law requires owners to take all reasonable steps to minimize noise from moving furniture on hard floors – whether the body corporate ought to be ordered to issue a contravention notice to the owner. Act, s 182

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.

PROPERTY DAMAGE – COSTS - where the applicant says defects on their balconies were caused by the failure of the waterproof membrane and the actions of the body corporate’s window-cleaning contractors – whether the body corporate should reimburse the applicant for repair costs – whether the body corporate must carry out repairs – whether the body corporate is liable for other damage and other costs. Act, s 281; Standard Module, ss 180, 211

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

COMMITTEE - Eligibility to be Voting Member of Committee- where member of committee receives payment for ad hoc maintenance work – whether a “service contractor” - whether member of committee has complied with Code of Conduct for committee members GENERAL MEETINGS – requirements for minutes of meetings MOTIONS - Validity of motion - Requirements for valid general meeting motions COSTS – jurisdiction of adjudicator to award cost to applicant. Act, ss 15, 101B, 270, Schedule 1A, 280; Standard Module, ss 10, 98, 117

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

GENERAL MEETING MOTION – CONTRIBUTIONS – CARETAKER – LETTING AGENT – EXPENDITURE – REASONABLENESS – where resolutions purported to raise a special levy but did not comply with legislated requirements for raising special levies – whether to declare resolutions void for that reason – where resolutions authorised substantial expenditure for works and asset purchases based on attached quotations but granted the building manager discretion to choose alternative suppliers or products – whether the resolutions constituted an unlawful delegation of a body corporate power – where resolution authorised purchase of a motor vehicle to be used at the building manager’s discretion – whether the purchase was beyond the scope of the body corporate’s power to acquire personal property – where multiple lot owner cast the majority of votes but did not own the majority of lots – where resolutions alleged to improperly benefit that owner to the detriment of other owners – whether ‘fraud on the minority’ applies – where resolution purported to amend caretaker agreement to allow caretaker to spend substantial sums without body corporate approval – whether passing resolution was unreasonable – where resolutions purport to amend letting agent agreement in respect of exclusivity of rights to let lots – whether passing resolutions was unreasonable\_‑\_ Act, ss 94(2); 97 Accommodation Module, ss 152(2); 179(2)

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

BODY CORPORATE RECORDS – where body corporate provided lot owner with copies of body corporate records, whether body corporate had valid basis for invoicing lot owner – whether committee for body corporate acted reasonably and in compliance with code of conduct in its dealings with lot owner about the records and invoice – whether lot owner should be reimbursed for expenses and costs of conciliation and adjudication applications. Act, ss 205, 252E(5)

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

BY-LAWS – where the body corporate and a lot owner disagree over the boundaries of the lot’s exclusive use area – where the lot owner has exclusively occupied and improved the disputed area without body corporate authority – whether the disputed area is part of the exclusive use area – whether the lot owner has breached a by-law against unauthorised changes to common property Act, s 59

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

• Akhil Sethi lot owner
• The Owners – Strata Plan No 93392 owners corp

Proceedings dismissed as frivolous, vexatious and an abuse of process, with plaintiff ordered to pay defendant's costs on an indemnity basis.

COMMITTEE DECISION – RESTRICTED ISSUE – where the committee consented to a person making an application to local government for a material change of use of a lot – whether the decision was a restricted issue for the committee Accommodation Module, s 44

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

REASONABLENESS – where committee consented to lot owner lodging material change of use application with local council – whether the decision was made unreasonably. Act, s 100(5)

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

Costs – strata renewal plan – application for an order giving effect to – discontinuance of proceedings – statutory provision that owners corporation pay dissenting owner’s costs – otherwise order for costs sought

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

NUISANCE / HAZARD – where the respondent smokes on Lot 7’s balcony – where the occupiers of Lot 32 say they are exposed to second-hand smoke and allege this is causing a nuisance, a hazard, or an unreasonable interference – where the respondent is no longer an occupier in the scheme – whether the application should be dismissed Act, ss 227, 270

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

Change of body corporate’s financial year\_. Act, ss 276, 283\_

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

• Heather Gee lot owner
• The Owners – Strata Plan No 32191 owners corp

The Appeal Panel refused leave to appeal and dismissed the appellant's appeal against the Tribunal's dismissal of her application for appointment of a compulsory strata manager.

TOWING – where a vehicle appears to have been abandoned on common property – whether the body corporate can tow the vehicle. Act, s 94(2), 100(5)

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

INSURANCE – whether the body corporate is entitled to recover an insurance excess payment from the applicant in relation to damage caused by the applicant’s tenant to common property and/or another lot. COMMITTEE RESOLUTIONS – whether committee members had a conflict of interest in relation to motions to allow several lots, including theirs, to park on common property – whether the motions purported to allow owners to obstruct common property in contravention of the by-laws. Act, ss 94(1)(a), 100(5); Standard Module, ss 66(1)-(2), 166(1)(c), 203(3)-(4).

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

BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — Major defect

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

COMMUNITY MANAGEMENT STATEMENT – where exclusive use rights have been reallocated – where the validity of the reallocation is disputed - whether an extension of time should be granted for the body corporate to record a new CMS recording the reallocation. Act, s176

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 reimburse an owner for goods damaged by flooding on common property – whether the resolution was valid. Act, s 94; Accommodation Module, ss 58, 105, 152, 170

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