Decisions table

ENTRY TO A LOT – where the body corporate requires access to the lot to perform maintenance obligations – where the owner seeks a security bond as a condition of entry – whether owner has a right to do so – whether owner is obstructing entry. Act, ss 163, 243A

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

• Hadi Noor lot owner
• The Owners-Strata Plan No 72939 owners corp

The appeal was allowed; the Tribunal's costs decision was set aside and remitted for redetermination once the primary proceedings have been redetermined.

BYLAWS – whether hard flooring installed by owner meets acoustic requirements of by-law; whether body corporate failed in its duty to enforce the by-law reasonably; whether committee resolution approving the installation was void. Act, ss 94(1)(b), 94(2), 242; Accommodation Module, s44

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

ANIMAL BY-LAW – where applicants claim animal is a support dog – whether the body corporate acted reasonably in refusing permission for a second dog – whether by-law designating part of the common property as a pet-free zone is oppressive or unreasonable in the circumstances. Act, ss 94, 100(5), 180(7), 181

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

ANIMAL BY-LAW – where the applicant’s representative sought approval to bring a dog when holidaying in their lot – where approval was refused - whether the committee acted reasonably – what conditions of approval would be appropriate. Act, ss 94(2), 100(5)

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

• Danielle Gai Purcell lot owner
• The Owners – Strata Plan No 908 owners corp

The Tribunal dismissed applications for costs by both parties and ordered each party to bear their own costs of the proceedings, finding no special circumstances warranted a costs award where the substantive dispute was resolved by consent orders for window repair works and did not proceed to a contested hearing on the merits.

BODY CORPORATE RECORDS – where applicant is a lot owner – where applicant requested a copy of the body corporate roll including owners’ email addresses – where body corporate supplied a copy with contact details redacted – whether the body corporate is required to provide an unredacted copy of the roll or all contact details located in the records Act, s 205

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

Common property - General duty of strata company to control and manage the common property for the benefit of all owners - Resolution of scheme dispute - Tribunal proceedings - Discretion of Tribunal to make orders - Declaratory relief - Turns on own facts

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

VALIDITY OF MOTIONS – where motions to carry out repair and replacement works were considered at an extraordinary general meeting and passed – where the applicant challenges the motions and wants them set aside – whether the motions are invalid Standard Module, s 173

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

IMPROVEMENT TO COMMON PROPERTY; EXCLUSIVE USE –Whether lot owner should be forced to remove improvements from common property – Act, ss 94, 100, 152, 159, 185, 276; Standard Module, ss 187; Land Title Act 1994, ss 48C, 49C(4).

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

COMMITTEE COMPOSITION – whether person elected to committee was a service contractor & became ineligible to hold that position. COSTS – whether application is frivolous, vexatious, misconceived or without substance; whether costs should be awarded Act, ss 15, 99, 100(4), 152, 270(1)(c), 285; Standard Module, ss 10(2)(a), 44(2)(b), 48, 97, 98, 180

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

BY-LAWS – where by-law provides that no change is to be made to the external appearance of the Lot without permission of the body corporate committee – where respondent installed internal shutters – where committee did not give approval– whether the respondent should be required to remove the shutters. Act, ss 94(2), 100(5)

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

BY-LAWS – where the applicants sought approval for alterations – where approval has not been given – whether the by-laws are valid – whether the plans should be approved – whether a committee member has a conflict of interest – whether an amount paid under the by-law should be reimbursed. Act, ss 94, 97, 100, 180, 270; Standard Module, ss 6(b), 58, 66, 86

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

APPLICATION FOR INTERIM ORDERS – whether committee resolutions should be prevented from being implemented until their validity is determined. Act, ss 242, 279; Accommodation Module, ss 44(1)(b)

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

GENERAL MEETING MOTION – where a motion proposed exclusive use of common property roof space for the purpose of converting it to a habitable part of the dwelling below – where the motion failed to achieve a resolution without dissent because a neighbouring lot owner voted against it out of concern that it would result in greater noise in his lot or would otherwise be adverse to his interests – whether the owner’s opposition was unreasonable in the circumstances – whether the motion should be given effect. Act, ss 62, 167.

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

• Ellen Marie Abraham lot owner
• The Owners Strata Plan No. 61419 owners corp

The application to renew proceedings for enforcement of orders requiring the Owners Corporation to allow inspection of strata scheme records was dismissed as the renewal was brought outside the required timeframe and the nature of relief sought was not appropriate for renewal proceedings.

MAINTENANCE – whether body corporate is responsible for repairing termite damage to a lot - whether the failure to pass a motion to undertake repair works should be overturned – whether the body corporate is responsible for the cost of repairing the termite damage. Act, s 94(2); Accommodation Module, s 170

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

Owners Corporations; Costs

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

COSTS – whether special circumstances – claim for costs made against the owners corporation which did not participate in the substantive proceedings.

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

• Allan Veney lot owner
• The Owners – Strata Plan No 2245 owners corp

The Appeal Panel refused leave to appeal and dismissed the appellant's appeal against the Tribunal's orders dispensing with a hearing and awarding costs to the respondent, finding no appealable error in the first instance decision.

BODY CORPORATE RECORDS – RETRURN BY FORMER BODY CORPORATE MANAGER - s.235 Standard Module.

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

MAINTENANCE UNDER BUILDING FORMAT PLAN – where a common property lift installed at the inception of the scheme does not meet current regulatory requirements and cannot provide a service to all lots without repeated mechanical failure – where the lift has not been operational for several years – where the applicant lives on the top floor and struggles with the stairs – whether the body corporate must repair the lift. INSURANCE – whether the body corporate must obtain machinery breakdown insurance to cover failure of the lift motor. Act, ss 10(2)(b), 20, 35(1), 152(1); Standard Module, ss 180(1), 184(2)(a); 186, 187, 197.

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

AGM RESOLUTION TO AMEND CARETAKING AND LETTING AGREEMENTS – INCLUSION OF OCCUPATION AUTHORITY FOR COMMON PROPERTY AREAS USED BY THE MANAGER/AGENT TO PERFORM CARETAKING AND LETTING- WHETHER RESOLUTION VALID Act, s 276; Accommodation Module, ss 147, 148.

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

REASONABLENESS – where the body corporate has passed various resolutions which, amongst other things, increase the scheme’s levies and raise special levies – where the applicant disputes the need for the extra levies and wants an administrator appointed to assess the scheme’s financial position – whether the body corporate has failed to act reasonably in passing the disputed resolutions Act, ss 94(2), 100(4), 242, 270, 301

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

• John Hanley Archibald lot owner
• Lynette Archibald lot owner
• The Owners – Strata Plan No. 50441 owners corp

The Owners Corporation was ordered to pay civil penalties of $1,100 for contravention of orders 4A, 4B, 4C and 4E, and $5,500 for contravention of order 4D, totalling $6,600, to the first applicant for failure to complete specified water remediation works by the contractual deadline of 2 December 2021.

GENERAL MEETING – where chairperson ruled motions out of order – whether owners were given an opportunity to reverse the ruling – whether the chairperson’s conduct was a breach of the code of conduct for committee voting members Act, s101B; Accommodation Module, s88

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

COMMITTEE ELECTION – whether a committee election held in 2021 should be held again to address alleged voting irregularities. BODY CORPORATE RECORDS – whether the body corporate must request candidate tallies from the provider of electronic voting software to satisfy an owner’s request for access to those records. Act, s 205.

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.

BUILDING AND CONSTRUCTION — builder retained to repair defects caused by original builder — whether proceedings for breach of statutory warranty commenced within 7 years after completion of work — s18E, Home Building Act 1989 (NSW) — date of completion of work — s3B, Home Building Act — legislative history – distinction between completion and practical completion – meaning of “completion” — interaction between s3B(2) and (3). REFEREE — separate question — whether to adopt report — error of law i

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

APPLICATION FOR INTERIM ORDERS – whether an annual general meeting should be postponed because the applicant may have wished to add further motions to the agenda if he had been given access to the body corporate’s records when requested, or because his explanatory notes were not circulated to owners. Act, ss 276(4), 279(1), 301; Standard Module, ss 86(6), 87(3)(e), 90(1)(a), 97, 98(1)(a)(i), 232(1).

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

UTILITY INFRASTRUCTURE – where a water supply system was installed on the applicant’s exclusive use area – whether the body corporate should relocate the system Act, ss 36(3), 66(1)(d), 68(1), 170, 177. Schedule 6 Dictionary; Land Title Act 1994, ss 115O, 115P;

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

INTERIM ORDER – where applicant is seeking final orders regarding the use of a certain chemical at the scheme as a hazard – where there are allegations of special circumstances and urgency about the chemical – whether an interim order is appropriate pending the final determination of the dispute. Act, ss 94, 100(5), 167, 279

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

COMMITTEE RESOLUTION – whether a committee decision to revoke consent for the caretaker’s delegate to perform caretaking duties was reasonable – JURISDICTION – whether a department adjudicator has jurisdiction to determine the dispute. Act, ss 94(2); 100; 149B; 229 Accommodation Module, s142

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

APPLICATION FOR INTERIM ORDER – where the body corporate committee has replaced the ordinary power outlets in the scheme’s basesment 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 there are urgent circumstances to warrant granting an interim order in this case Act, ss 94(2), 100, 279(1); Standard Module, ss 52, 184

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

COMMITTEE RESOLUTION – whether the committee acted unreasonably imposing conditions of approval for an air conditioner in a lot; whether the conditions should be amended or omitted. BY-LAWS – whether a by-law requiring body corporate approval to install air conditioning in a lot is invalid because the committee uses it in an oppressive and unreasonable manner; whether it should be replaced with an alternative by-law proposed by the applicants. Act, ss 4(a), 62(3)(a), 94(2), 100(5), 169(1)(b)(i)-(ii), 180(7); Accommodation Module, s 170(4)(a)(ii)(E).

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

APPLICATION FOR INTERIM ORDER – where the applicant’s motion seeking approval for the colour change to Lot 6’s patio doors was not carried by the committee – where the committee has sought entry into Lot 6 to paint/stain the patio doors to match the other exterior doors, windows and louvres at the scheme – whether there are urgent circumstances to warrant granting an interim order in this case Act, ss 94(2), 100, 279

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

IMPROVEMENT TO COMMON PROPERTY – whether a pot plant is an improvement to common property – whether body corporate consent is required to place pot plants on common property – whether the body corporate unreasonably withheld consent. Act, ss 94(2), 100(5); Standard Module, s 187.

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

COMMITTEE RESOLUTIONS - Validity of, where it is alleged a conflict of interest existed, but was not declared; where those resolutions have been rescinded in general meeting Act, s 279; Commercial Module, ss 30, 35

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

BY-LAW ENFORCEMENT – where body corporate alleges owners of a lot are breaching the by-laws – whether the body corporate has complied with the mandatory legislative processes required to enforce by-laws – whether it appears adjudicator is without jurisdiction. Act, ss 94, 100(5), 181-188, 270(1)(a)

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.

EGM RESOLUTIONS – whether resolutions are valid IMPROVEMENT TO COMMON PROPERTY – requirement for approval by special resolution ACQUISITIONS FOR BENEFIT OF LOT OWNERS- requirement for approval by special resolution Act, ss 97, 318 Accommodation Module ss 163, 176, 179

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.

PROPERTY DAMAGE – whether a body corporate must repair damage to a building format plan lot caused by movement of the building’s foundations, including repainting the interior and replacing the carpet. Act, ss 280, 281; Small Schemes Module, s 99; Land Title Act 1994, s 48C(1).

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

• Promina Design & Construction Pty Ltd builder
• The Owners—Strata Plan No 97449 owners corp

The appeal was dismissed and the Tribunal's decision to transfer proceedings to the District Court was upheld, despite the appellant's arguments regarding jurisdictional limitations.

GENERAL MEETING MOTION – where an unsuccessful motion to record a new community management statement would have reconfigured two neighbouring lots without affecting surrounding lots or common property; whether the motion required a resolution without dissent; whether it should be deemed to have passed. Act, ss 62, 65, 108.

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

• BlueHouseCoffs Pty Ltd lot owner
• The Owners – Strata Plan No 61419 owners corp
• Karin Puels lot owner

BlueHouseCoffs Pty Ltd was joined as applicant and Karin Puels removed; the owners corporation was restrained for three months from obtaining further legal services without general meeting approval; applications for production of documents were dismissed; the application was otherwise dismissed.

INSURANCE – where an owner paid insurance excess – whether it was unreasonable for the body corporate to charge that excess – whether the excess should be reimbursed Act, ss94(2) & 100(5); Accommodation Module, s193(3)

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

BY-LAWS – whether the respondent has contravened the scheme’s by-laws – whether the respondent has obstructed the use of common property by storing furniture on common property. Act, ss 59, 161, 168, 169; Standard Module, s 212

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

MAINTENANCE UNDER BUILDING FORMAT PLAN – whether body corporate or owner is responsible for replacing balcony tiles. Act, ss 246, 281, 297, 312; Standard Module, ss 52, 180, 211

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

COSTS – security for costs – cross-claim by builder against its subcontractors – where common ground builder could not meet costs order – whether cross-claim defensive in nature – whether builder has strong prospects of success against cross-defendants – whether ordering security would stultify proceedings – where those behind builder have not revealed their ability to pay security

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