Decisions table

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.

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.

COSTS — Party/Party — Exceptions to general rule that costs follow the event — Where specific performance of agreement granting easement and alternatively s 88K relief sought — Where after commencement easement lodged by consent — Where defendant servient owner was unresponsive to plaintiffs’ correspondence prior to commencement — Where no evidence of terms of consent to easement – Where no consent terms for dismissal or discontinuance of proceedings or costs

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

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.