Decisions table

• 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.

Whether a body corporate or a body corporate committee acted reasonably, whether poll voting at a general meeting on a motion to be decided by ordinary resolution can be restricted; whether there is a dispute to be resolved. Act, ss 94, 100, 109, 276.

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

Whether there is a dispute to be resolved about a contravention of the Act or the scheme’s community management statement or about the exercise of rights or powers, or the performance of duties, under the Act or the CMS; whether utility infrastructure is common property of the principal scheme; whether a subsidiary scheme body corporate is responsible to maintain utility infrastructure in good condition Act, ss 20, 276, 281; Body Corporate and Community Management (Standard Module) Regulation 2020, s 180; Body Corporate and Community Management (Accommodation Module) Regulation 2020, s 201.

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

GENERAL MEETING RESOLUTION – where the applicant proposed an amendment to the by-laws – where the motion failed – whether the body corporate failed to act reasonably in not passing the motion – whether the outcome sought is still relevant or required. Act, ss 94, 270(1)(e)

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

Costs; Building and Property

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 an ordinary resolution to install a roof access hatch on common property until it can be decided whether the resolution is contrary to an earlier interim order or whether the body corporate acted unreasonably when passing the resolution. Act, ss 94(2), 279(1); Standard Module, s 186.

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

POWERS OF AN ADJUDICATOR – whether adjudicator can be satisfied that an application raises a serious legal question and the balance of convenience between the parties justifies injunctive relief.

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.

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 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 has 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.

• Samir Shousha lot owner
• The Owners Strata Plan No 2657 owners corp

The appeal was dismissed and the Appellant was ordered to pay the Respondent's costs of the appeal in an amount to be agreed or assessed.

APPEALS – from findings of fact – primary judge assessed credibility and reliability of two witnesses – findings not expressed to be based on demeanour – applicable test for appellate intervention – whether primary judge gave sufficient weight to combined effect of relevant circumstances EVIDENCE – tendency evidence – whether evidence relating to a separate building project was significantly probative of the issue concerning the alleged builder’s role in the building project the subject of the p

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

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.

Whether there is good reason to waive non-compliance with a statutory time limit; whether the committee had power to make a decision; whether the body corporate had power to charge an owner for the supply of electricity and water to the owner’s lot; whether a by-law is invalid. Act, 100, 150, 180, 196, 242; Accommodation Module, ss 44, 152, 153, 200.

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 appeal was dismissed and leave to appeal was refused; the Tribunal's decision dismissing the application to invalidate Motion 16 regarding parking on common property was upheld on the basis that the appellant failed to establish any non-compliance with the Strata Schemes Management Act or Regulations in relation to the meetings.

Building and Property

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

COMMUNITY MANAGEMENT STATEMENT – where the body corporate sought to move building control provisions from the schedule C by-laws to an architectural code in schedule D of the community management statement – where the passage and failure of separate motions left the body corporate without building controls – whether the body corporate should be required to reinstate former building control by-laws in a new schedule D. Act, ss 62, 94, 181

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.