Decisions table

EMERGENCY APPLICATION – Whether emergency circumstances exist to warrant shortening the notice period for an extraordinary general meeting to 7 days Act, s 243A, Standard Module, s 87

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.

LETTING AGENT – JURISDICTION – where respondent allegedly represents himself to be the scheme’s authorised letting agent – where the body corporate alleges the respondent does not hold letting agent rights – where body corporate seeks declaration to the effect that the respondent does not hold the rights and an order restraining him from making those representations – whether the orders ought to be made. Act, s 228, 276

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

COMMITTEE ELECTION – whether the count of votes for a committee election was correct – whether the process for deciding the election in the case of tied votes was correct – whether there is good reason to waive the time limit for the application – whether orders are warranted. Act, s 242; Standard Module, s 35(7)

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

IMPROVEMENTS TO COMMON PROPERTY – where a motion to install additional locks on the scheme’s rooftop access door was approved and a motion to install lighting for the rooftop space was defeated – whether the body corporate has acted unreasonably Act, ss 94, 152; Standard Module, s 187

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

GENERAL MEETING MOTIONS – whether three motions passed at a general meeting were valid. Accommodation Module, s 77

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

PROPERTY DAMAGE – whether the body corporate must repair an owner’s property or pay reimbursement for repairs necessary due to water-damage caused by leaking windows on the boundary of the lot and common property. Act, s 281; Accommodation Module, s 170(2)(a)(ii).

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

• The Owners – Strata Plan No. 16857 owners corp
• Peter Barnett Hyman lot owner
• Janiene Hyman lot owner

The Appeal Panel ordered the appellant to pay the respondents' costs of the appeal on the ordinary basis, with costs to be levied only from contributions of lots not owned by the respondents.

COMMON PROPERTY – whether certain common property is allocated for the exclusive use of one lot – whether improvements to common property authorised – whether body corporate acting reasonably in administering common property and body corporate assets. Act, ss 94, 167, 170, 171, 172; Accommodation Module, ss 176, 177, 183

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

COMMITTEE – RESOLUTIONS – whether committee resolutions valid SPENDING – where committee passed resolution to require two of the three committee members to agree on spending decisions – where treasurer says he has spending authority and must be consulted on spending – where treasurer says that conflicts with the role of the treasurer – whether treasurer has special spending authority or must be one of the committee members voting on spending MAINTENANCE – where committee passed resolutions to dismiss the garden maintenance contractor, prepare a scope of works and call for quotations for the maintenance services – whether committee resolutions complied with the maintenance obligation Act, s 94, 270(3); Standard Module, s 180

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

GENERAL MEETING – NOTICE PERIOD – whether to make order declaring that a general meeting in an emergency will not be invalid for being called on short notice. Act, s 243A; Accommodation Module, s 81

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

DISPOSAL OF COMMON PROPERTY – where an owner marked out an additional parking space on common property in accordance with an application for a material change of use lodged with the consent of the committee and approved by the local government; where no resolution without dissent had been passed to authorise the disposal of common property; whether the owner must reinstate the former line markings and remove their additional car and other property from the disputed area of common property. Act, ss 35(1), 59(2)(b), 62(2)&(3)(a); Small Schemes Module, ss 17(1)(d), 103(2)(a).

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

IMPROVMENTS – where the applicant seeks to install fences on her lot and on the boundary with common property – where the committee failed to act reasonably in refusing approval – whether the approval should be deemed to be given - whether the body corporate must contribute to the cost of the fences – whether the body corporate should pay the application fees for this dispute. Act, ss 94(2), 100(5), 311; Standard Module, s 187

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.

INTERIM ORDER – whether an interim order is warranted in the circumstances.

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

INTERIM ORDER – where owner alleges that there was insufficient or no notice given to owners to propose motions and committee nominations for AGM and insufficient notice of the AGM being held – where owner seeks interim order to stop AGM being held until compliant notices are given – whether interim order is warranted. Act, s 279

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

BY-LAW CONTRAVENTION- PARKING ON COMMON PROPERTY WITHOUT AUTHORISATION BY THE BODY CORPORATE WHETHER BODY CORPORATE ENTITLED TO TOW A VEHICLE PARKED IN CONTRAVENTION OF BY-LAWS Act, ss 182 to 188, 276

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

• The Owners – Strata Plan No 84674 owners corp
• Pafburn Pty Ltd builder
• Madarina Pty Ltd developer

The application to summarily dismiss the defendants' proportionate liability defence was dismissed; the Court held that section 5Q of the Civil Liability Act does not apply to non-delegable duties imposed by statute, and therefore the proportionate liability provisions are available to the defendants.

Extending an interim order. Act, s 279(2)(b)

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

COMMITTEE DECISION – ENCROACHMENT – REASONABLENESS – ACQUIESCENCE – RESTRICTED ISSUE – where lot owner encroached onto common property by enclosing part of common property to incorporate it into use of lot – where proceedings commenced in Supreme Court to regularise encroachment under Property Law Act – where proceedings in BCCM separately commenced challenging validity of committee elections – where committee resolved to remove encroachment wall – whether reasonable to resolve to remove encroachment where Supreme Court proceedings and validity of committee unresolved – whether committee decision was a demand for possession bringing the licence to an end – whether committee decision to bring licence to an end was a restricted issue. Act, ss 94(2), 100(5); Commercial Module, s 17

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

REQUEST TO PARK ON COMMON PROPERTY – whether the body corporate acted unreasonably in refusing to renew permission for the applicant to park his vehicle on common property outside his lot Act, ss 59 and 94

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

BY-LAW CONTRAVENTION- PARKING ON COMMON PROPERTY WITHOUT AUTHORISATION BY THE BODY CORPORATE Act, ss 182 to 188, 276

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 must replace waterproof membranes in a courtyard and planter box within a lot. Act, ss 20, 228, 276(1); Accommodation Module, ss 152(2), 170.

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

REASONABLENESS – COMMITTEE DECISION – where lot owner applied for approval to keep two dogs – where by-law required approval – where committee declined application largely on the basis that the scheme is unfenced – where by-laws already required animals to be kept within the lot – whether committee decision was unreasonable. Act, s 100(5)

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

Whether a general meeting motion is invalid; whether the body corporate should reimburse the applicants the fees paid for making dispute resolution applications. Act, ss 20, 94, 276, 280; Standard Module, ss 180, 211.

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

Whether the body corporate has a duty to install fixates and fittings on a lot; whether the body corporate must reimburse the applicants for fees paid for dispute resolution applications. Act, ss 94, 152, 280.

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

Constitutional law — Judicial power — Federal jurisdiction — Whether tribunal had jurisdiction to hear and determine complaint — Building Services (Complaint Resolution Administration) Act 2011 (WA) — Building remedy order — Claim that proceeding is in federal jurisdiction — Whether the claim or defence is genuinely raised — Whether claim or defence not incapable on its face of legal argument — How tribunal forms opinion as to whether claim is not incapable on its face of legal argument — Incorporation under Corporations Act insufficient to bring proceedings within federal jurisdiction — Whether claim as to federal jurisdiction not incapable of legal argument notwithstanding decision of intermediate court of appeal rejecting similar claim — Commonwealth Constitution ss 75, 76, 77.

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

MAINTENANCE UNDER BUILDING FORMAT PLAN; PROPERTY DAMAGE; INSURANCE – whether lot owner was responsible for the maintenance of a flexi hose in their bathroom; whether the excess payable under the body corporate’s policy of insurance imposes an unreasonable burden upon the applicants. Act, s 20; Accommodation Module, ss 193, 201. Land Title Act 1994, s 48C.

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

• Sunaust Properties Pty Ltd contractor
• The Owners Strata Plan no 64807 owners corp

The Respondent is to pay the Appellant's costs of the appeal and first instance proceedings on the ordinary basis, and the first instance costs order made on 28 March 2022 is set aside, but indemnity costs are declined and previous interlocutory costs orders are not vacated.

COMMITTEE – REASONABLENESS OF DECISION– whether a committee decision to refuse an application for an external awning and shutters was unreasonable. Act, ss 94(2), 100(5). Beaches Surfers Paradise v. Backshall [[2016] QCATA 177](/cgi-bin/viewdoc/au/cases/qld/QCATA/2016/177.html "View Case") Albrecht v Ainsworth & Ors [[2015] QCA 220](/cgi-bin/viewdoc/au/cases/qld/QCA/2015/220.html "View Case") Ainsworth & Ors v Albrecht & Anor [[2016] HCA 40](/cgi-bin/viewdoc/au/cases/cth/HCA/2016/40.html "View Case") Gold Coast Apartments v Price [[2017] QCATA 99](/cgi-bin/viewdoc/au/cases/qld/QCATA/2017/99.html "View Case")

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

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 the dissenting voter’s opposition was unreasonable in the circumstances -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; PROPERTY DAMAGE – whether an owner is responsible for the maintenance of their leaking shower waste pipe, which is set into the slab separating their lot from the lot below, or for the property damage and lost rent it has caused to the owner of the lot below; whether the owner must repair their hot water system. Act, ss 20, 281; Standard Module, ss 180, 211.

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

COMMITTEE ELECTION – whether the applicant was eligible to be a voting member of the committee at the time of the annual general meeting – whether the applicant nominated himself or was nominated. Standard Module, ss 10(2)(d), 38, 163

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

Responsibility for rectification of damage to lot caused by water ingress. COMPENSATION – where Mr Grace claims water ingress caused damage to his property due to a body corporate maintenance failure – whether the body corporate is liable for Mr Grace’s claimed damage and temporary accommodation costs – whether the body corporate failed to act reasonably in not carrying motions to compensate applicant. Act, ss 94(2), 152, 281; Standard Module, ss 180, 211

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

NOISE BY-LAW – whether the respondent has generated noise in his lot in breach of the scheme’s noise by-law Act, ss 59, 182-184

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.

APPLICATION FOR INTERIM ORDERS – whether the body corporate should be prevented from acting upon all general meeting resolutions pending final orders because it gave insufficient notice of the extraordinary general meeting or because of issues with voting forms – whether the body corporate should be prevented from acting on specific resolutions pending final orders because those specific motions did not comply with statutory requirements. Act, s 279(1); Accommodation Module, ss 79, 95, 125, 147, 174 and 176.

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

VOTING AT GENERAL MEETINGS WHERE VOTING PAPER SIGNED UNDER AN ENDURING POWER OF ATTORNEY WHERE PROXY GIVEN BY LOT OWNER TO EXERCISE THEIR VOTE Act, ss 103, 276; Standard Module, ss 129, 130 s 48A Acts Interpretation Act 1954

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

BY-LAWS – where the applicant alleges the respondent and an occupier of the lot are parking vehicles in the visitor car space – whether the respondent is in breach of the by-laws – whether owner of second vehicle is an occupier and parking in breach of the by-law – whether orders are warranted. Act, ss 59, 94; Accommodation Module, ss 182-188

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

The appeal was dismissed and leave to appeal refused; the Tribunal's orders for removal of structures installed by the lot owner on common property without proper authorisation were upheld.

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.

PAYMENT – where lot owner alleges contribution notices were issued late and caused him to miss out on early payment discounts – where owner paid the full amounts and now claims reimbursement for the discount portion - whether order can be made to refund monies already paid. Act, s 94

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

RETURN OF BODY CORPORATE PROPERTY – whether the former body corporate manager has returned all the body corporate’s electronic records and/or returned them in an acceptable format in accordance with the legislative requirements Small Scheme Module, s 149

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.

MAINTENANCE – where owners have exclusive use of common property - where maintenance work to the exclusive use areas has been required by the body corporate’s insurer – whether the lot owners or the body corporate is responsible for the work. Standard Module, s 192

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

COSTS – misguided appeal with no prospects of success – plaintiff failure to comply with orders regarding service of evidence – incomprehensible affidavits – appeal commenced against multiple named defendants who were not relevant to the appeal – court’s time wasted

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

IMPLEMENTATION OF MOTION – where the body corporate resolved to engage a body corporate manager – where the committee did not implement the resolution – where the body corporate subsequently revoked the resolution – whether the body corporate must give effect to the original motion. Act, ss 101(2), 101B; Accommodation Module, ss 106, 163

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.

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.

Whether the respondent is liable for costs incurred by the body corporate. Act, ss 94, 163, 281.

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