Decisions table

VISITOR PARKING – whether the body corporate is required to have 5 visitor car parking spaces.

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

• The Owners – Strata Plan No 2341 owners corp
• P & M Sachs Pty Ltd lot owner

The appeal by the owners corporation against the first instance decision was dismissed; the tribunal's order for the owners corporation to repair common property to prevent asbestos ingress to lot 8 and pay $80,360 in damages was upheld.

Owners Corporations

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

BODY CORPORATE INVESTMENT – where the body corporate invested in a company that purchased lots in the scheme – where the company was created as an investment vehicle for the body corporate – whether the body corporate had the power to invest in the company – whether the body corporate acquired an interest in a lot - whether the body corporate is carrying on a business – whether the committee resolutions were valid – whether the body corporate acted reasonably – whether the chairperson as sole director of the company had a conflict of interest. Act, ss 37, 40, 44, 94, 97, 100; Accommodation Module, ss 58, 157

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

BODY CORPORATE INVESTMENT – where the body corporate invested in a company that purchased lots in the scheme – whether general meeting resolutions to ratify committee resolutions to purchase shares in the company were valid. Act, ss 44, 94(2), 96, 100(5)

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

• Walker Corporation Pty Limited lot owner
• The Owners - Strata Plan No 61618 owners corp
• Robert Edmund Quickenden lot owner
• The Owners - Strata Plan No 61770 owners corp
• The Owners - Strata Plan No 61619 owners corp
• McCormacks NSW Pty Limited manager
• Strata Choice Pty Limited manager

The court declared that article 8.11 of the Strata Management Statement and the corresponding by-laws requiring owners corporations to appoint the building management committee's appointed managing agent as their strata managing agent are invalid and unenforceable as inconsistent with the Strata Schemes Management Act 2015.

APPLICATION FOR INTERIM ORDERS – whether an administrator should be appointed to exercise the powers of the committee on an interim basis. Act, ss 94(1), 185(2), 279(1); Standard Module, ss 9(2), 52(1)(d), 135(2)(a), 211(3).

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

SHARED FACILITIES– whether the body corporate should be prevented from putting into effect a resolution from a general meeting to terminate a Shared Facilities Agreement– whether there is jurisdiction to determine the matter REASONABLENESS – whether resolutions of a general meeting were reasonable Act, ss 94(2), 149B, 276(1)

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

CHANGE OF FINANCIAL YEAR – whether an order should be made to change the financial year end date of the body corporate. Act, s 283 WHEN ANNUAL GENERAL MEETING MUST BE CALLED –section 73 Body Corporate and Community Management (Accommodation Module) Regulation 2020

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

BY-LAWS – where the applicant alleges the respondent has a cat in her lot without approval – whether the cat should be removed if it is not approved – COSTS – where the respondent failed to participate in conciliation – whether costs should be awarded. Act, ss [](http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_reg/bcacmmr2020616/s180.html)180-[202]\(http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol\_reg/bcacmmr\<a href=)0616/s186.html">186, 280

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

IMPROVEMENT TO COMMON PROPERTY – where the applicants installed solar panels on the roof without formal body corporate approval – where the committee agree to approve the panels if an invoice is provided – whether a building inspection required – whether the installation should be approved. Act, ss 67-79, 94, 100(5); Standard Module, s 187

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

COMMIITTEE – ELECTION – where committee election nominations by corporate owners were accepted for the AGM papers – where the AGM chair declared the nominations were invalid including for non-compliance with section 127 of the Corporations Act 2001 – where votes for those candidates were not counted – where results of committee elections were potentially affected – whether the nominations were valid – whether nominations by corporate owners must comply with section 127 of the Corporations Act 2001 DECLARATIONS – whether requested declarations are appropriate to make Act, s 276; Commercial Module, s 11

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

LAND LAW – Strata title – common property – maintenance of common property – breach – damages

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

• The Owners – Strata Plan No. 61285 owners corp
• Cameron Taylor lot owner

The respondent was ordered to pay a pecuniary penalty of 35 penalty units ($3850.00) for contravening Tribunal orders made on 3 June 2021, with the penalty stayed pending determination of to whom it should be paid.

Whether an order should be made 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.

AGM RESOLUTION; DISPOSITION OF COMMON PROPERTY – whether the body corporate acted unreasonably when deciding against a motion to grant the applicant a three year licence to part of the common property adjoining its lot; whether the body corporate has acquiesced to the applicant’s use of the area; whether the applicant has an actual or implied licence to the area; where the applicant has had sole use of the area since purchasing at the scheme in 1999. Act, ss 94(2), 242; Standard Module, s 184(2)(b).

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

Whether the body corporate has acted reasonably enforcing its by-laws, whether the body corporate should be ordered to pay the applicant the amount paid as fees for the conciliation and adjudication applications. Act, ss 94, 100, 182, 280.

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

COSTS - costs on appeal - whether special circumstances established

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

REVIEW: review of a

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

• Yu Wang lot owner
• The Owners – Strata Plan No. 88789 owners corp

The Owners Corporation was ordered to pay $3,604.00 for water damage and loss of rent caused by defective waterproofing in February 2022, but claims for earlier periods were dismissed as out of time or made during a lawful deferral period.

• Alan Norman lot owner
• The Owners – Strata Plan No 60182 owners corp

The application was dismissed; the tribunal found no grounds to invalidate the by-law, determined the flooring works were compliant, declined to award the applicant legal costs, and made no order for removal of committee members.

UTILITY INFRASTRUCTURE - where electrical infrastructure servicing all lots and common property is located within the boundaries of a lot – where there has been a dispute about the ownership, location, and responsibility for the infrastructure - whether there has been interference with utility services by preventing access to the infrastructure. Act, ss 20, 163, 166, 331(3)(a); Standard Module, s 180

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

INTERIM ORDER – whether interim order is necessary. Act, s 279

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.

• Julie Ann Crespel lot owner
• The Owners – Strata Plan No 66165 owners corp
• Ben Collis lot owner

The application was dismissed; however, between hearing days the owners corporation approved remedial works addressing the applicant's water ingress and building defects claims, and the second respondent resigned from the strata committee, with costs to be determined separately.

REQUESTED GENERAL MEETING – whether the applicant made a valid request to call a general meeting – whether the body corporate failed to act reasonably. Act, ss 94, 100, 219, 270; Accommodation Module, ss 74, 75, 86, 91

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

• The Owners – Strata Plan No. 6522 owners corp
• Daniel Michael Sullivan lot owner
• Kirsten Ann Sullivan lot owner

The Tribunal extended the interim order restraining the Sullivans from carrying out unauthorized works to redirect a waste pipe to the external wall of lot 31 until 5pm on 3 October 2022, finding the works were not authorized by Special By-Law 52 and required separate approval as common infrastructure.

PARKING FEES – whether the body corporate has the power to charge fees to owners and occupiers who park on scheme land in contravention of terms and conditions published on signs on common property. Act, ss 35(1)&(4), 59(2), 95(1)(a), 97, 180(6), 280, 310.

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.

• Stephen Travis lot owner
• The Owners - Strata Plan No 48216 owners corp

The application for interim orders requiring the strata managing agent and its director to hold the positions of Chairmanship and Secretary at an extraordinary general meeting was dismissed for failing to properly seek relief under section 237 of the Strata Schemes Management Act and for lack of urgent considerations justifying interim relief.

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.

Building and Property; Costs

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

Whether emergency circumstances exist to warrant shortening the time notice of general meeting is given to owners. Act, ss 227, 229, 243A, 276; Accommodation Module, s 81

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

GENERAL MEETING RESOLUTION – whether the body corporate acted unreasonably when voting down a motion to approve a dog at the scheme; whether the motion should be given effect. Act, s 94(2).

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

GENERAL MEETING MOTIONS – whether motions involving spending above the major spending required two quotes – whether proposed works were maintenance or improvements - whether the body corporate failed to act reasonably in passing motions – whether the motions were otherwise invalid. Act, ss 94(2), 106, 270; Standard Module, ss 172, 173

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.

• The Owners - Strata Plan No 47383 owners corp
• Hugh James McCullum lot owner

The appeal was dismissed and the lot owner was entitled to enclose his car space under by-law 16 as it constituted a safety device and pest control measure, with no inconsistency with section 58 of the Strata Titles Act 1973.

• The Owners – Strata Plan No 77559 owners corp
• Mounir Touma lot owner

The Owners Corporation must pay their own costs on their appeal; Mr Touma is awarded costs as agreed or assessed but payable only from contributions levied on lots other than his own.

BY-LAWS –enforcement of by-laws under the Act. Act, ss 59, 182, 184

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

Whether the body corporate has acted contrary to the Act. Act, ss 94, 95, 100.

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

INTERIM ORDER – ANIMAL BY-LAW – whether the by-law is oppressive or unreasonable – whether body corporate acted unreasonably in refusing to give permission to keep dog – whether interim order should be given to allow applicant to bring a second dog into their lot Act, ss 94(2),100(5), 180(7)

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

EGM RESOLUTION – whether a motion to record a new community management statement with amended exclusive use car parking allocations at schedule E required a resolution without dissent. Act, ss 62, 65(1), 105(3), 171(1)(b)(ii), 176(1).

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

BY-LAWS – whether the respondent have breached the by-laws about parking on common property – COSTS – whether the applicants should be reimbursed for their application fees. Act, ss 94, 182-188

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

• The Owners – Strata Plan No 90018 owners corp
• Parkview Constructions Pty Ltd builder
• The Quay Haymarket Pty Ltd developer

The plaintiff was granted leave to amend its Technology and Construction List Statement to add claims under the Design and Building Practitioners Act 2020 and to include new defects regarding external façade, window glazing, and stairwell pressurisation systems, with the defendants ordered to pay the plaintiff's costs of the Notice of Motion.

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.

AGM RESOLUTION – whether a body corporate decision to record new by-laws that disadvantaged some lot owners was invalid and the old by-laws should be reinstated; whether the body corporate breached its fiduciary duty or acted unreasonably. Act, ss 62(3), 94(2); Accommodation Module, s 80(7).

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

AGM RESOLUTION – whether a body corporate decision to record new by-laws that disadvantaged some lot owners was invalid and the old by-laws should be reinstated; whether the body corporate breached its fiduciary duty or acted unreasonably. Act, ss 62(3), 94(2); Accommodation Module, s 80(7).

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

Obligation of body corporate to maintain utility infrastructure and foundation structures Act, ss 20, 281; Standard Module, s 180.

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

Breach of by-law – where area of exclusive use for car parking only is being used as a medical treatment room. Act, ss 94(1)(b), 167, 182, 184; Commercial Module, s 134

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

BUDGETS –Whether the sinking fund budget covers necessary and reasonable sinking fund expenditure for the current financial year, and reserve an appropriate amount to meet anticipated expenditure from the sinking fund over at least the next nine years. BCCMA, s 276; Accommodation Module, ss 150, 152.

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