Decisions table

Owners Corporations

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

ACCESS TO A LOT – whether the body corporate seeks access to a lot to repair a common property pipe – where access has not been given – whether orders are warranted. Act, s 163

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

MAINTENANCE – whether the body corporate had a duty to maintain a garage door and garage door motor in good condition – whether the body corporate breached those duties by failing to repair or replace the garage door and garage door motor. Act, ss 94(2), 100(5); Accommodation Module, s 170

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

INSURANCE EXCESS – where a water leak in a lot damaged the lot below – where the body corporate determined that the owner of the leaking lot was responsible for the insurance excess – where that owner has not paid the insurance excess – where the owner of the damaged lot is unable to proceed with repairs until the amount of the excess is paid - whether the body corporate should pay the excess. Act, ss 94(2), 100(5); Accommodation Module, ss 193

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

COMMUNITY MANAGEMENT STATEMENT; EXCLUSIVE USE BY-LAW – where the body corporate recorded a community management statement that allocated areas of common property for the exclusive use of two lots without the authorisation of the body corporate; whether a new community management statement should be recorded that removes that allocation. Act, s 62.

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

BY-LAWS – where by-law requires written approval to keep a dog – where occupier has a dog which has not been approved – whether to make order requiring the respondent to remove the dog COSTS – where preceding conciliation application was ended because the respondent did not make a reasonable attempt to participate – where body corporate seeks order that the respondent pay its costs of that application – whether to make costs order Act, ss 59, 280

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

• The Owners – Strata Plan No. 77109 owners corp
• Gokani-Robins Pty Ltd lot owner

The appeal by the Owners Corporation against the Tribunal's decision declaring Special By-Law 17 invalid as harsh, unconscionable or oppressive was dismissed.

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.

INTERIM ORDERS – whether interim orders are warranted in view of the alleged breaches of the by-laws and the Act. Act, ss 167, 185, 186 and 279

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

CONSENT ORDER – whether an order should be made by consent. Act, ss 270(1)(b), 276(5)

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

CONSENT ORDER –whether an order should be made by consent . Act, ss 270(1)(b), 276(5)

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.

COMMITTEE PROCEDURES – whether committee members had a conflict of interest – whether a motion they voted on passed – whether they breached the code of conduct – whether they should be removed from office – GENERAL MEETING MOTION – whether a motion to remove and replace a committee member was void - COSTS – whether the application is vexatious or without substance – whether costs should be awarded. Act, ss 101B, 270, Schedule 1A; Accommodation Module, s 58

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

DISPUTE – whether a dispute exist for adjudication. Act, s 276

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

MAINTENANCE – where the applicant wants the body corporate to undertake repairs – whether the body corporate is responsible for the work – whether orders are warranted. Act, s 163; Accommodation Module, ss 170, 201

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

BREACH OF BY-LAWS – where the scheme’s by-laws require any approved works to be completed within 12 months of commencement – where the respondents have not completed certain landscaping tasks and 12 months has elapsed since commencement of their build – whether the respondents are in breach of the scheme’s by-laws and deed of covenant Act, s 59; Standard Module, s 6

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

LOT IMPROVEMENT – where the applicant wants to enclose part of the the balcony on their lot – where the body corporate sought more information – whether body corporate is required or should be given. 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.

COMMON PROPERTY – whether an owner has made an improvement to common property; whether the Body Corporate has authorised the improvement; whether common property has been disposed of; BY-LAWS – whether the respondents have breached by-laws COSTS – whether the applicants should be refunded application fees for conciliation and adjudication. Act, ss 59, 62, 94(1)(b), 170-177, 182, 183, 185(2), 269, 271, 280, Schedule 1A 2(2), 6; Standard Module, s 180, 187.

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

MAINTENANCE UNDER BUILDING FORMAT PLAN – whether the body corporate breached its maintenance obligations because lot balconies leaked, notwithstanding that the balconies may have been constructed without waterproof membranes; whether the body corporate must fix the balconies, including by installing waterproof membranes and retiling; whether the body corporate must reimburse money spent by owners attempting to rectify the balconies. PROPERTY DAMAGE – whether the body corporate must repair the damage to a lot caused by the leaking balconies. JURISDICTION – whether it is beyond the jurisdiction of an adjudicator to determine the liability of a body corporate for losses beyond those contemplated by section 281 of the Act. Act, ss 20, 94(2), 100(5), 276(1)(a)-(b), 280, 281; Standard Module, ss 180(2)&(5), 201(5), 211(3); Land Titles Act 1994, ss 48C & 49C(4).

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

SPENDING – where motion raised the relevant limit for major spending – whether unlawful or unreasonable MOTION – whether motion to was sufficiently informative BY-LAWS – where by-law prohibits certain conduct – where motion passed to allow the conduct – whether motion can be passed to permit non-compliance with or non-enforcement of by-law – where by-law requires body corporate approval for certain things – where motion passed giving blanket approval – whether blanket approval in a resolution constitutes written body corporate approval BODY CORPORATE RECORDS – where motion passed requiring committee member to hand over records to other owners who are committee members – whether lot owners who are not natural persons may hold body corporate records . Act, ss 94(1), 94(2); Standard Module, s 173

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

MAINTENANCE OBLIGATIONS OF OWNERS AND BODY CORPORATE - OBLIGATION OF THE BODY CORPORATE TO MAINTAIN COMMON PROPERTY IN GOOD CONDITION - OBLIGATION OF THE BODY CORPORATE TO MAINTAIN ROOFING STRUCTURES PROVIDING PROTECTION INCLUDING ROOFING STRUCTURES THAT ARE NOT COMMON PROPERTY Act, ss 94, 276; Accommodation Module, s 170

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

COMMON PROPERTY – RESOLUTION WITHOUT DISSENT – REASONABLENESS – where an earlier adjudicator’s decision found that a lot’s renovations resulted in the movement of an external boundary wall into common property which effectively amalgamated common property into the lot – where there was no body corporate decision approving a disposition and transfer of title of common property to the lot – where the earlier adjudicator ordered the owner to reinstate the lot wall unless a resolution without dissent was passed to allow the amalgamation of the common property into the lot – where the motion requiring the resolution without dissent failed to pass – whether opposition to the motion was unreasonable such that it can be deemed to have passed without dissent. Act, ss 94(2), 276(1)(b), Schedule 5, Item 10.

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

COMMITTEE – whether the committee acted reasonably making a decision; whether it was reasonable for the committee not to allow a discount on contributions and waive penalties on late contributions PAYMENT AND RECOVERY OF BODY CORPORATE DEBTS \- special reasons for allowing a discount of a contribution, or waiving a penalty or liability for recovery costs ADDRESS FOR SERVICE OF NOTICES – where email address provided by lot owner. Act, ss 94, 100, Accommodation Module, Sections 156, 206

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

ACCESS TO RECORDS – where lot owner requested copies of body corporate records – where lot owner made a second request with revised dates – where lot owner applied for adjudication orders for compliance with the revised request without allowing 7 days for the Body Corporate to comply with the revised request – whether there is a dispute to be resolved – where the body corporate provided access to the records stored on a server and in electronic format – where the applicant preferred a different electronic format and platform – whether the body corporate provided the records – where the applicant contends the requested records are incomplete – where the body corporate says it provided all the relevant documents which actually exist – whether there is sufficient basis to find that the body corporate did not fully comply with the request COSTS – whether costs order ought to be made against applicant Act, s 205; 270(3)

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

Whether a motion was properly included in the agenda of a general meeting; whether proper notice was given of business to be transacted at a general meeting; whether a motion is valid. Act, ss 101; Accommodation Module, ss 46-63, 77-83.

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

Erection of temporary fencing where validity of decision to install is challenged – whether interim order preventing installation should be granted. Act, ss 100(5), 279

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

Whether to make an order 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.

REIMBURSEMENT FOR REPAIRS – where the applicant alleges a leak in the common property roof caused damage to her lot and personal property – where she arranged for the roof to be repaired and sought reimbursement for the repair costs and for other damages incurred as a result of the leak – whether the body corporate should reimburse the applicant for the amounts incurred Act, ss 94, 152; Accommodation Module, s 170

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

GENERAL MEETING MOTIONS – where the applicant has raised a range of objections to meeting procedures and motions – whether the disputed motions are invalid. Act, ss 94, 100, 311; Accommodation Module, ss 71, 76, 86, 93, 105, 153, 162-4, 170, 176, 186, 200, 201

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

BY-LAWS – whether the respondent occupier is storing items on common property in breach of by-laws – whether the body corporate should be granted authority to remove and dispose of those items. Act, ss 94(1)(a), 167, 182, and 183A

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

REASONABLENESS – whether body corporate committee acted reasonably in investigating the capacity of the scheme’s existing electrical infrastructure to support electric vehicle chargers. Act, ss 94, 100(5), 152 and 159

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

GENERAL MEETING VOTING – whether two lots’ votes were validly excluded, one because the corporate owner’s representative did not submit a company nominee form just prior to the meeting, and the other because a proxy form was thought not to have been submitted. Act, ss 227(1), 239C(2), 270(1)(e); Standard Module, s 101.

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

CIVIL PROCEDURE — Summary disposal — Dismissal of proceedings — Frivolous or vexatious proceedings — where the plaintiff is a bankrupt — where the Trustee in bankruptcy had revoked his consent to the continuation of the proceedings against the first defendant — where the bankrupt objected to the dismissal of those proceedings — where the Court had previously ordered that the proceedings against each of the second and third defendants be dismissed — whether proceedings should be dismissed — proce

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.

GENERAL MEETING MOTIONS – whether a general meeting was validly called - whether motions passed at a general meeting are valid – ADMINISTRATOR – whether an administrator should be appointed. Act, ss 94, 238, 242, 278, 301; Standard Module, ss 13, 84, 160, 172, 173, 180, 186

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

Whether the body corporate may hold its AGM later than permitted by the Commercial Module. Act, s 227; Commercial Module, s 40.

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

Mixed residential and tourist resort strata scheme - Residential lot - Whether works constitute structural alterations to a lot - Resolution of scheme dispute - Exercise of discretion

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

ADMINNISTRATOR – whether sufficient grounds for appointment. COST – whether costs order warranted Act, s 276, 270

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

BY-LAWS – whether a by-law requiring compliance with design covenants is invalid because it is inconsistent with a local law or because it prohibits rather than regulates. COMMITTEE RESOLUTION – whether the body corporate committee acted unreasonably when deciding not to relax the design covenants to permit a fence to remain, where the fence was erected to comply with a local law concerning the keeping of animals. Act, ss 94(1)(b), 100(5), 169(1)(a)(i), 180(1)&(7).

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

• Dimitri Haramis lot owner
• The Owners – Strata Plan No. 51923 owners corp

The Owners Corporation was ordered to carry out acoustic insulation work to common property pipework and party wall between Units 40 and 41 in accordance with the Soundblock quotation scope of work before 3 April 2023 to remedy breach of duty to maintain common property and prevent offensive noise transmission into the lot owner's bedroom.

• Hua Nan Trading Pty Ltd lot owner
• The Owners – Strata Plan No 32396 owners corp

The appeal was upheld and the Tribunal's decisions were set aside; the proceedings were remitted for redetermination as the Tribunal had power under s 41 of the NCAT Act to extend the time for bringing proceedings for damages under s 106(6) of the Strata Schemes Management Act 2015, and the application for access to records was overlooked.

APPLICATION FOR INTERIM ORDER – 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 – whether there are urgent circumstances to warrant granting an interim order prohibiting the respondent from smoking on Lot 7’s balcony Act, ss 59, 167, 276, 279

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

Application for interim order for temporary approval to keep dog within lot pending final determination – whether warranted in the circumstances. Act, ss 100(5), 279.

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

• The Owners – Strata Plan No 74232 owners corp
• Feride Tezel lot owner

The Court of Appeal allowed the owners corporation's appeal, finding that the lot owner's claim for loss of rent was statute-barred under section 106(6) of the Strata Schemes Management Act 2015 (NSW) because the two-year limitation period commenced when she first became aware of the loss in 2016, not when the breach was remedied.

Whether the body corporate acted reasonably. Act, ss 94, 100, 311.

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

Whether an interim order is necessary because of the nature or urgency of the circumstances to which the application relates. Act, s 279.

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

CONSENT ORDER – alleged breach of by-laws by installation of privacy screen – whether an order should be made by consent. Act, ss 59(2), 66(1) and 276(5)

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

ANIMAL BY-LAW – where the body corporate has given approval for the applicant to have a dog on his lot on conditions – where the applicant disputes the condition that the dog wear a muzzle on common property – whether the decision to impose that condition was unreasonable. Act, ss 94(2), 100(5)

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

IMPROVEMENT TO COMMON PROPERTY – whether the applicant ought to be authorised to install an electrical power point to the parking space on common property that he exclusively uses - whether the committee could authorise the improvement. Act, ss [](https://www.legislation.qld.gov.au/view/whole/html/inforce/current/act-1997-028)159, 170, 180(1); Standard Module, ss [](https://www.legislation.qld.gov.au/view/html/inforce/current/sl-2020-0233#sec.187)187, [202]\(https://www.legislation.qld.gov.au/view/html/inforce/current/sl-\<a href=)0-0233#sec.193">193

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

PROPERTY DAMAGE – whether an owner has suffered damage to property – whether the damage occurred because of a contravention of the Act or community management statement – whether requested repairs are reasonably necessary to repair damage. Act, ss 167, 281

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