Decisions table

• Spiros Nikitopoulos lot owner
• The Owners – Strata Plan No 52311 owners corp

The Tribunal invalidated motions 3 and 4 from the EGM on 12 September 2022 dissolving and re-electing the Strata Committee, declared Special by-laws 4 and 5 invalid, but dismissed applications for work orders, parking enforcement, and compulsory appointment of a strata managing agent.

GENERAL MEETING PROCEDURES – whether a general meeting and its decisions were invalid because inadequate notice or insufficient information were given; whether preventative maintenance of lot balconies is an “improvement” requiring authorisation by special resolution; whether the body corporate must offer owners cheaper alternatives. MAINTENANCE UNDER BUILDING FORMAT PLAN – whether the body corporate can replace balcony glazing as part of work to remediate balcony waterproofing. Accommodation Module, s 170(2).

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, ss 167

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 raise a special levy to fund solicitors acting in legal proceedings – whether the motion was valid. BUGT Act, s 47, schedule 2, part 2, s 11(1)

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

• The Owners - Strata Plan No 4393 owners corp
• Mei Lan Roberts lot owner
• The Commissioner for Fair Trading of the Department of Customer Service government

The Tribunal found multiple contraventions of interim orders restraining Ms Roberts from carrying out unauthorised renovation works in her lot and directed that proceedings be listed for hearing to determine whether civil penalties should be imposed and in what amount.

MAINTENANCE – whether by-law makes body corporate responsible for repairs and maintenance of a retaining wall in an exclusive-use courtyard – whether timber sleepers in the retaining wall have deteriorated and require replacing. Act, ss 59, 94(1)

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

PARKING BY-LAWS – whether respondent is parking his vehicle on common property in breach of the by-laws. Act, ss 94(1)(b), 183

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

• The Owners - Strata Plan No. 91016 owners corp
• Upright Builders Pty Ltd builder
• Bayone Projects Pty Ltd developer
• City of Ryde Council government
• The Owners - Strata Plan No. 97600 party

The Court answered yes to the separate question that the Encroachment of Buildings Act 1922 applies to the encroachment of the walkway and stairs onto Nancarrow Avenue, but qualified the answer to clarify that the Court's power is limited by existing legislative prohibitions on what the roads authority can lawfully do.

GENERAL MEETING MOTION – where a motion to record a new community management statement to change contribution schedule lot entitlements failed to achieve a resolution without dissent – whether effect should be given to the motion -whether an adjudicator can make the order sought. Act, ss 47A, Schedule 5, item 10

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

MAINTENANCE – where roofing membrane is on common property allocated under an exclusive use by-law – whether body corporate is responsible for maintenance; whether body corporate has failed to maintain membrane in good condition; whether body corporate is responsible for repairing water damage to owner’s lot; whether body corporate is required to reimburse owner for cost of expert reports. Act, s281; Standard Module, s192(2) \&s192(3)

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

ADMINISTRATOR – whether an administrator should be appointed. Act, ss 276, 278

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

Whether motion authorising improvements to common property and disposal of common property, requiring resolution without dissent failed to pass because of opposition that was unreasonable, or was effectively passed. Act, ss 94(2), 276(1)(b); Standard Module, ss 184, 187 Ainsworth v Albrecht [[2016] HCA 40](/cgi-bin/viewdoc/au/cases/cth/HCA/2016/40.html "View Case")

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

INTERIM ORDER – whether the body corporate should be prevented from acting on a resolution to install new fencing and retaining walls pending final orders. Act, ss 94, 152, 159, 160, 161, 311; Standard Module, ss 173, 180

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

IMPROVEMENT TO A LOT – whether a lot owner must sign a work agreement with the body corporate before altering a load-bearing wall within her lot; whether she must obtain written confirmation from the local government that the alteration would not breach the scheme’s development approval; whether there is a prohibition on interference with load-bearing walls. Act, ss 35(1), 94, 100(5), 165; Standard Module, ss 180(2)(b)(iii); Land Title Act 1994, s 49C(4).

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

COMMITTEE RESOLUTION; IMPROVEMENT TO LOT – where the committee voted down a motion to permit an owner to alter a load-bearing wall within her lot; whether body corporate approval was required; whether the committee acted unreasonably in withholding approval. Act, ss 59(2)(b), 100(5).

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

FINANCIAL YEAR – whether an order should be made to change the body corporate’s financial year. Act, s 283.

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

PETS – REASONABLENESS – where applicant is a lot occupier and lessee who wishes to keep a pet – where by-law requires approval to keep a pet – where Residential Tenancies and Rooming Accommodation Act 2008 separately requires lessor approval for lessee to keep a pet – where committee refused approval including because the owner had not approved the pet – whether approval under the RTRA Act is a prerequisite for a body corporate giving approval under a by-law Act, s 100(5)

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

• Raymond Ross lot owner
• Sarab Chami lot owner
• The Owners – Strata Plan No 61667 owners corp

The applicants were ordered to pay the respondent's costs of the failed application to reinstate appeal proceedings in the fixed sum of $6,245.

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.

APPLICATION FOR INTERIM ORDERS – where the body corporate has billed an owner for costs allegedly resulting from a water leak from the owner’s defective bathroom renovations, citing conditions of approval under a by-law and various provisions of the Accommodation Module; whether the application relates to a debt dispute and is beyond an adjudicator’s jurisdiction. Act, ss 59(2)(b), 180(6), 229A; Accommodation Module, ss 201(3), 202.

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

Owners Corporations

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

ENFORCEMENT OF BY-LAWS – where the respondent has installed blinds on the balcony of her lot without the approval of the body corporate – where the body corporate alleges the respondent’s blinds are in breach of the scheme’s by-laws – whether the respondent should be required to remove the blinds Act, ss 59, 94, 100, 182, 294; Accommodation Module, s 7

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.

BY-LAWS – whether pet by-laws are invalid – whether body corporate acting reasonably in deciding to refuse lot owner’s request for approval to keep a dog at his lot. Act, ss 94, 100(5), 169, 180(7)

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

B\_Y-\_LAWS – whether the conduct of the respondent is in breach of the by-laws – NUISANCE – whether the respondent’s conduct is causing a nuisance or unreasonable interference with the use of other lots and common property – whether the condition of the respondent’s lot constitutes a hazard. Act, ss 167, 182-188; Accommodation Module, s 201

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

GENERAL MEETING – whether a general meeting was valid – whether motions, general business, committee appointments and the minutes were valid. Standard Module, ss 48-50, 86, 93(2), 107(6), 117

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

RECORDS – whether the body corporate failed to provide body corporate records to the applicant – COSTS – whether the applicant should be reimbursed the application fee. Act, s 205; Accommodation Module, ss 220, 222

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

The plaintiff's summons was struck out as irregularly commenced and blending impermissible criminal and civil allegations; the plaintiff was given 28 days to replead as a statement of claim; prayers to strike out the defendant's notice of appearance were refused; and the application for suppression of the plaintiff's identity was refused.

BY-LAWS – whether the respondent has undertaken work in his lot in breach of the by-laws – whether orders are warranted. Act, ss 182-186

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

INTERIM ORDER – whether an interim order is necessary because of the nature or urgency of the circumstances to which the application relates. REFEREE POWERS – whether Adjudicator can be satisfied that an application raises a serious legal question and the balance of convenience between the parties justifies injunctive relief. 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, s 279

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

REQUESTED GENERAL MEETING – where the applicants requested a general meeting to be called to consider their motions – where no meeting was called or held – whether orders are warranted – COSTS – whether the applicants should be reimbursed the application fee. Standard Module, ss 82, 84, 85, 222

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

Whether owner has failed to maintain lot in good condition Accommodation Module, s 201(3)

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 – request for order to allow the annual general meeting to be held late – whether to declare the annual general meeting will be not be invalid for being held late Accommodation Module s 73; Standard Module s 83; Commercial Module s 40

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

RECORDS – whether the body corporate failed to provide body corporate records to the applicants – COSTS – whether the applicants should be reimbursed the application fee. Act, s 205; Standard Module, ss 228, 231, 233

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

INTERIM ORDER – whether an interim order is necessary because of the nature or urgency of the circumstances to which the application relates. Act, ss 94(2), 100(5)

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.

IMPROVEMENTS TO COMMON PROPERTY / REASONABLENESS – where the applicant sought approval for the air conditioning system installed in the upstairs bedroom of Lot 22 – where approval was not granted – whether it is unreasonable in the circumstances for the body corporate to refuse to grant approval for the air conditioning system as currently installed Act, ss 59, 94, 180, 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.

MAINTENANCE – where the applicant’s lot is affected by concrete spalling – to what extent is the body corporate responsible for rectification of the lot. Act, ss 101A, 281; Standard Module, ss 162, 180, 211

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

GENERAL MEETING – whether motions to approve rectification works were valid – whether there were 2 quotes for the work – whether the meeting complied with procedural requirements – whether the body corporate acted reasonably in passing the motions. Act, ss 94(2), 100(5); Standard Module, ss 89, 172, 173

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

Distribution of insurance proceeds; responsibility for maintenance of dividing fence Act, ss 94, 311; Standard Module, ss 197, 204, 209

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

BODY CORPORATE RECORDS – whether the body corporate has validly requested the return of body corporate property - whether the respondent has failed to comply with the request. Standard Module, s 235

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

MAINTENANCE – in building format plan – whether body corporate has failed to meet their obligations- obligation of body corporate to maintain – liability for damage as a result of failure to maintain Act ss 152, 227, 228, 276, 281; Accommodation Module\_,\_ s 170. Seiwa Pty Ltd v The Owners Strata Plan 35042 [](http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWSC/2006/1157.html "View Case")[[2006] NSWSC 1157](/cgi-bin/viewdoc/au/cases/nsw/NSWSC/2006/1157.html "View Case") MAGOG Pty Ltd v Body Corporate for the Moroccan [](http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QDC/2010/70.html "View Case")[[2010] QDC 70](/cgi-bin/viewdoc/au/cases/qld/QDC/2010/70.html "View Case") Klinger & Anor v Body Corporate for Costa D’Ora [](http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QDC/2007/300.html "View Case")[[2007] QDC 300.](/cgi-bin/viewdoc/au/cases/qld/QDC/2007/300.html "View Case")

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

BODY CORPORATE RECORDS; BODY CORPORATE ASSETS – whether the body corporate’s former body corporate manager returned all body corporate property as required by section 224 of the Accommodation Module; whether it must return additional body corporate property. Accommodation Module, s 224.

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

EMERGENCY – MAINTENANCE – whether to authorise spending by the committee above the relevant limit for committee spending. Act, s 243A; Standard Module, s 172(1)(1)(c)

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

INTERIM ORDER – where the body corporate has passed resolutions to increase the scheme’s levies and to raise special levies - whether an interim order is necessary because of the nature or urgency of the circumstances to which the application relates. REFEREE POWERS – whether Referee can be satisfied that an application raises a serious legal question and the balance of convenience between the parties justifies injunctive relief. 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, s 279.

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

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, s 283

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

APPLICATION FOR INTERIM ORDER – where a motion to reappoint the body corporate manager was put forward at the scheme’s annual general meeting – where the applicant alleged the motion did not follow the correct procedure and requested it be ruled out of order – where the chairman declined to rule the motion out of order and the motion was carried – whether there are urgent circumstances to warrant granting an interim order in this case Act, ss 247, 276, 279, 284; Standard Module, ss 173

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

FINANCIAL YEAR – whether an order should be made to change the body corporate’s financial year. Act, s 283; Standard Module, s 83.

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