Decisions table

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.

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.

INTERIM ORDER – whether to make an interim order. 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 caretaking service contractor should be prevented, without body corporate consent, from changing the locks to an area of common property over which it has a non-exclusive occupation authority. Act, ss 94(1)(a), 95(1), 149B(1)(a), 229(2), 279(1), 318; Standard Module, s 157.

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

INTERIM ORDER – where body corporate has issued a notice of entry to a lot owner – where the lot owner says the notice is non-compliant and the decision was unreasonable – where the lot owner seeks an interim order to restrain entry – where the body corporate says it does not propose to enter the lot if entry is obstructed – whether an interim order is necessary. Act, ss 163, 279

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

UTILITY INFRASTRUCTURE – where utility infrastructure is installed on common property over which the applicant has exclusive use – whether the body corporate should be required to relocate the utility infrastructure EXCLUSIVE USE – where lot owner claims entitlement to an exclusive use car parking space but the alleged entitlement is not recorded in the Community Management Statement Act, ss 20, 66, 163, 170, 171, 177. Schedule 6 Dictionary;

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

ANIMAL BY-LAW – whether a by-law that restricts where animals can enter and exit the scheme is valid. Act, ss 169, 180

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

Whether the body corporate has acted to enforce a by-law; whether the body corporate has enforced a by-law in the way provided under the Act; whether the respondent contravened a by-law; whether the body corporate has acted reasonably enforcing a by-law. Act, ss 94, 100, 183.

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

INTERIM ORDER – where interim order sought to restrain committee acting on resolutions to remove lot’s encroachment onto common property – where applicant lot owner has instituted proceedings in the Supreme Court to regularise the encroachment – whether committee decisions to demand possession were unreasonable or were on a restricted issue – whether adjudication is the appropriate jurisdiction to make an interim order substantively about a dispute before a Court. Act, s 279; Commercial Module, s 17

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

NOISE – whether a pool pump located on common property and servicing one lot is causing a nuisance or an unreasonable interference to the occupier of the adjacent lot. Act, s 167

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

• Gordon Wells lot owner
• The Owners - Strata Plan No 12159 owners corp

The owners corporation was ordered to perform drainage and waterproofing works to the underground garage within 10 weeks to remedy water ingress and comply with its duty to maintain common property in good and serviceable repair.

• Alexander Boutenko lot owner
• The Owners - Strata Plan No 77480 owners corp
• O Neill Strata Management Pty Ltd manager

The applicant's claim for damages for loss of rental income was dismissed as being outside the limitation period under s 106(6) of the Strata Schemes Management Act 2015 (NSW), but a compulsory strata manager was appointed for two years to address the longstanding water ingress issues in the building.

Whether the respondent had the necessary approval to carry out works on a lot and common property; whether the respondent carried out works on a lot and common property without the necessary approval; whether the respondent has damaged elements of scheme land the body corporate has a statutory duty to maintain. Act, ss 94, 152; Accommodation Module, s 170.

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

• The Owners – Strata Plan No 20427 owners corp
• A Halliwell Nominees Pty Ltd lot owner
• Peter Irvine lot owner

The Appeal Panel dismissed the respondents' application for costs, finding that rules 38 and 38A were not applicable as the amount in dispute did not exceed $30,000, and that special circumstances had not been established under section 60 of the NCAT Act.

STRATA SCHEMES – Whether a member of the committee should be removed from office, whether the Owners Corporation has unreasonably refused to make a By-law permitting the installation of solar panels on common property

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

GENERAL MEETINGS – where the applicants seek to invalidate motions passed at one general meeting and motions that failed to pass at two subsequent general meetings – whether there is good reason to waive the time limit for part of the application – whether there is a continuing dispute - whether the applicants have failed, without reasonable excuse, to comply with the requirement of an adjudicator. Act, ss 242, 270(1)(d), 271(1), 276(1)

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 implementing resolutions to repair and repaint the roof; whether the body corporate acted unreasonably by choosing to repaint the roof with a dark colour. Act, ss 94(2), 279(1).

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

• The Owners – Strata Plan No 79749 owners corp
• Ian Lawrence Dunstan lot owner
• Kristine Margaret Dunstan lot owner
• Rory McCrudden party

The Appeal Panel dismissed the Respondents' application for costs against Mr McCrudden personally in respect of the appeal proceedings, finding that Mr McCrudden's conduct, while lacking standing, did not constitute special circumstances warranting a costs order due to early withdrawal, absence of unreasonable conduct, and lack of evidence as to quantum.

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

Special By-Law 17 was declared invalid on and from 14 July 2020 as being harsh, unconscionable and oppressive, and the owners corporation was ordered to record this declaration on the common property title.