Decisions table

BY-LAWS; NUISANCE – whether an occupier is causing a nuisance or otherwise contravening a residential zone activity by-law by feeding wild birds. Act, s 96A(6).

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 Accommodation Module. Act, s 227; Accommodation Module, s 73.

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

BODY CORPORATE PROPERTY – whether the body corporate has validly requested the return of body corporate property - whether the respondent has failed to comply with the request. Accommodation Module, s 224

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. 61285 owners corp
• Cameron Taylor lot owner

The Tribunal found that the respondent contravened the June 2021 order by failing to complete required work items 1-7 and 9, with the matter relisted to determine whether a civil penalty should be imposed and the amount.

General Meeting – whether resolution could fetter decision made at a general meeting several years later Restricted Issue – whether submission of a motion to a general meeting was a restricted issue for the committee Notice of General Meeting – material circulated by committee in support of motion – whether sufficient information provided Act, ss 94, 101; Accommodation Module, ss 11, 44, 58, 69, 76, 88, 106, 219 South Pacific Plaza [[2001] QBCCMCmr 255](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2001/255.html "View Case") Castaway Cove [[2006] QBCCMCmr 452](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2006/452.html "View Case") Palm Springs Residences v J Patterson Holdings P/L [](http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QDC/2008/300.html "View Case")[[2008] QDC 300](/cgi-bin/viewdoc/au/cases/qld/QDC/2008/300.html "View Case"), Batwing Resorts Pty Ltd v Body Corporate for Liberty [[2008] QCCT 23](http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QCCTBCCM/2008/23.html "View Case") Gold Coast Apartment Management P/L 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.

• Roger Harris lot owner
• The Owners-Strata Plan No 34056 owners corp

The Owners-Strata Plan No 34056's application for costs against the lot owner was dismissed as no special circumstances warranting an award of costs were established.

Responsibility for cost of making core hole penetration fire compliant – whether interim order preventing body corporate from undertaking work and on-charging owner should be granted. Act, s 279; Accommodation Module, ss 170, 177

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

Whether the committee complied with a scheme by-law; whether a by-law authorises an owner to make a stated improvement to common property. Act, ss 94, 100, 170, 173; Standard Module, s 193.

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

Whether a motion had to be decided by resolution without dissent; whether there is good reason to waive noncompliance with the time limit prescribed in section 242 of the Act; whether it is just and equitable in the circumstances to make an order in the terms sought; whether it is appropriate to make an ancillary order. Act, ss 62, 171, 242, 276, 284.

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

CHANGE OF FINANCIAL YEAR – application 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.

Whether unauthorised improvements to common property should be removed. Act, s 168; Standard Module, s 187

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.

ANIMAL BY-LAW – whether the applicant should be given approval to keep a dog at the scheme. Act, ss 94(2),100(5)

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

Whether the body corporate acted reasonably making a decision; whether the body corporate’s decision about a proposal by an owner to make improvements on or changes to common property was an unreasonable decision. Act, s 94, Schedule 5 s 17; Commercial Module, s 134.

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

IMPROVEMENTS TO COMMON PROPERTY – whether a new doorway and relocated air conditioning condenser are improvements to common property requiring body corporate approval; whether they were installed in contravention of the by-laws; whether various non-fixtures within and around an exclusive use area are improvements requiring body corporate approval; whether the correct exclusive use allocation is the 29m2 shown in an earlier community management statement or the 26m2 shown in the current one; whether the respondents must apply for general meeting approval for their improvements; whether they must remove the improvements if approval is not obtained. Accommodation Module, ss 177, 183, 202.

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

NUISANCE – BY-LAW – whether the respondent is causing a nuisance or is in breach of the noise by-law by virtue of the vinyl flooring installed in his lot – whether the flooring should be replaced. Act, s 167

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

• The Owners-Strata Plan No 79633 owners corp
• Violeta Graorovska lot owner

The appeal was dismissed and the Tribunal's decision upholding the lot owner's cross-application for the owners corporation to perform proper repairs to common property defects was affirmed.

Whether emergency circumstances exist to warrant shortening the time notice of general meeting is given to owners. Act, ss 227, 229, 243A, 276; Standard Module, s 91

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

Owners Corporations; Costs

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

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

The Appeal Panel allowed the appeal, finding that the lot owner's claim for damages for loss of rental income caused by water leakage was not time-barred under section 106(6) of the Strata Schemes Management Act, and ordered the owners corporation to pay $447,200 in damages plus costs.

Whether the body corporate has acted to enforce its by-laws; whether the body corporate has enforced its by-laws in the way provided under the Act; whether the respondent contravened a by-law; whether the body corporate has acted reasonably enforcing its by-laws. Act, ss 94, 100, 182.

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

• Coscuez International Pty Ltd lot owner
• The Owners-Strata Plan No 46433 owners corp

Appeal allowed, decision under appeal set aside in part, and matter remitted to tribunal to determine whether proposed common property rights by-laws were unreasonably refused and whether special by-laws 8, 9 and 10 are harsh, unconscionable or oppressive.

MAINTENANCE UNDER BUILDING FORMAT PLAN – whether the body corporate must implement the recommendations of two engineers with respect to waterproofing and drainage works at the scheme, predominantly to lot balconies; whether the body corporate should be prevented from undertaking work thought to be at odds with those recommendations; whether the body corporate should be prevented from performing work within lot boundaries that is not associated with the repair or replacement of waterproof membranes but may prolong the life of the existing membranes; whether the body corporate must seek authorisation for the proposed works at a general meeting. Act, ss 94(1), 239C(2), 270(1)(e); Accommodation Module, ss 162-164, 170, 176, 201(3).

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

ADMINISTRATOR – whether an administrator should be appointed to ensure the body corporate’s compliance with orders relating to waterproofing and drainage. Act, s 270(1)(c).

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

• Ian Keyworth lot owner
• Choong Lin lot owner
• The Owners – Strata Plan No. 45081 & 43487 owners corp

The application was dismissed as the applicants failed to demonstrate that the building work (removal of masonry spandrels and installation of fire curtains) was unauthorised or constituted a breach of the owners corporation's duty to repair and maintain common property under section 106 of the Strata Schemes Management Act 2015.

• Jose Achiam and Si Leng Leng lot owner
• The Owners – Strata Plan No. 58026 owners corp

The Tribunal ordered that no interest is chargeable on strata contributions levied from 1 May 2019 to 31 December 2020 and ordered the respondent to repay $892.34 in interest already charged, finding the owners corporation should reasonably have determined not to charge interest due to the strata manager's failure to correct an incorrect email address despite multiple notifications.

REFEREE POWERS – whether Referee can be satisfied that an application raises a serious legal question and the balance of convenience between the parties justifies injunctive relief. SDW2 Pty Ltd v JLF Corporation Pty Ltd [[2017] QSC 001](/cgi-bin/LawCite?cit=%5b2017%5d%20QSC%20001 "View LawCiteRecord") Australian Broadcasting Corporation v O'Neill [[2006] HCA 46](/cgi-bin/viewdoc/au/cases/cth/HCA/2006/46.html "View Case") BUGT Act ss 73, 76, 77

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

REFEREE POWERS – whether Referee can be satisfied that an application raises a serious legal question and the balance of convenience between the parties justifies injunctive relief. SDW2 Pty Ltd v JLF Corporation Pty Ltd [[2017] QSC 001](/cgi-bin/LawCite?cit=%5b2017%5d%20QSC%20001 "View LawCiteRecord") Australian Broadcasting Corporation v O'Neill [[2006] HCA 46](/cgi-bin/viewdoc/au/cases/cth/HCA/2006/46.html "View Case") BUGT Act ss 73, 76, 77

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

Building and Property

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

• Peter McGrath lot owner
• The Owners – Strata Plan No. 13631 owners corp

The application for compulsory appointment of a strata manager under s 237 of the Strata Schemes Management Act 2015 was dismissed, as the Tribunal was not satisfied that the circumstances justified exercising its discretion to appoint a strata managing agent despite establishing jurisdiction based on failure to comply with prior tribunal orders.

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.

Whether body corporate failed to act reasonably in not carrying motions at AGM. Act, ss 94(2) 180(6)

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.

Owners Corporations

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

IMPROVEMENT TO COMMON PROPERTY – where the applicants sought approval to install a guard rail on their exclusive use car space –whether the committee failed to act reasonably in refusing approval. Act, ss 94(2), 100(5); Accommodation Module, s 183

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

• Tracey Chen lot owner
• Le San Huynh lot owner
• The Owners - Strata Plan No. 7262 owners corp
• Geoffrey Kong lot owner
• Kong and Kong Property Renovation Services manager
• Foreshew Strata Agency Pty Limited manager

The Tribunal appointed Foreshew Strata Agency Pty Limited as compulsory strata managing agent for one year and ordered the Respondent to permit the Applicants to inspect original documents at Mr Kong's offices under specified conditions.

• The Owners - Strata Plan No 33368 owners corp
• Anthony Gittins lot owner

The appeal by the owners corporation was dismissed; the Tribunal's order requiring the owners corporation to conduct extensive repairs to bathroom, toilet and laundry areas was upheld, with the compliance date extended by 3 months.

COSTS - Whether special circumstances warranting costs order - Conduct of both parties considered - Costs not proportionate

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

• The Owners – Strata Plan No. 97383 owners corp
• CLSM Pty Ltd manager

The Owners' costs application in SC 21/24112 was dismissed with each party bearing their own costs, but CLSM Pty Ltd was ordered to pay The Owners' costs of SC 21/48501.

APPLICATION FOR AN INTERIM ORDER – 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 – whether the nature or urgency of the circumstances require an order to be made – whether there are serious questions of law and the balance of convenience favours the case advanced by the applicants. Act, ss 94(2), 149(B), 276(1), 279(1).

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.

ANNUAL GENERAL MEETING – whether the body corporate may hold its AGM later than permitted by the Accommodation Module. Act, s 227; Accommodation Module, s 73.

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 repair flashing in an exclusive use courtyard, a sliding door leading from the lot to the courtyard, and a waterproof membrane on an external wall beneath the courtyard to prevent further water ingress to the lot; whether the body corporate must repair water-damaged items within the lot; whether the body corporate must perform drainage works to common property surrounding the lot to reduce overland flows into the courtyard and lot. Act, ss 10(2), 281; Standard Module, ss 180, 187, 192, 211(3); Land Title Act 1994, ss 48C(1), 49C(4).

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

MAINTENANCE – in building format plan –whether the body corporate is responsible for the cost of repairs to a balcony which is part of a lot Act ss 152, 227, 228, 276, 281; Standard Module ss 180, 211, 187. Building Code of Australia, AS4654 Seiwa Pty Ltd v The Owners Strata Plan 35042 [](http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWSC/2006/1157.html "View Case")[[2006] NSWSC 1157](/cgi-bin/viewdoc/au/cases/nsw/NSWSC/2006/1157.html "View Case") Klinger & Anor v Body Corporate for Costa D’Ora [](http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QDC/2007/300.html "View Case")[[2007] QDC 300.](/cgi-bin/viewdoc/au/cases/qld/QDC/2007/300.html "View Case") Amelia Place [[2010] QBCCMCmr 522](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2010/522.html "View Case") Les Colonnades [[2015] QBCCMCmr 173](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2015/173.html "View Case")

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

• Alicia Fong lot owner
• The Owners – Strata Plan No. 82783 owners corp

The Tribunal found the Owners Corporation unreasonably refused to make a common property rights by-law and ordered that special by-law 29 be prescribed as a change to the by-laws of the strata scheme, permitting the applicant to extend a pergola and awning structure in her courtyard.

• Icon Co (NSW) Pty Ltd developer
• The Owners – Strata Plan No. 97315 owners corp

The application for leave to appeal from the primary judge's ruling excluding expert evidence about alternative causation of increased insurance premiums was dismissed because there was no sufficiently arguable case of error, as the alternative explanation should have been pleaded to afford procedural fairness.

CONDITIONS OF APPROVAL FOR KEEPING PET – where applicant received approval to keep pet, where conditions of approval require pet to be carried or transported on common property, whether decision to refuse to waive requirement to comply with condition is unreasonable Act, ss 94(2), 100(5)

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

ANIMALS – where the applicant seeks additional conditions in animal agreements at the scheme – whether orders are warranted. Act, s 276

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

MEETING NOTICE – whether the body corporate can hold an extraordinary general meeting without 21 days’ notice. Act, s 276; Standard Module, s 91

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