Decisions table

ACCESS TO RECORDS – where body corporate failed to respond to lot owner’s request for copies of body corporate records. Act, s 205; Standard Module, s 213

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

• Karen Rook lot owner
• The Owners - Strata Plan No. 32865 owners corp

The application was dismissed as the applicant failed to demonstrate that the respondent owners corporation breached its statutory obligation under section 106 of the Strata Schemes Management Act to repair and maintain common property, with the tribunal preferring the more recent expert opinion that the Helifix solution was adequate to restore functionality of the walls.

• The Owners – Strata Plan No 62713 owners corp
• Assaf Samuel Aaron Liberant lot owner

The appeal was dismissed and the Owners Corporation's appeal against the Tribunal's award of $55,510.12 in lost rental income damages to the lot owner for breach of duty to repair and maintain common property was unsuccessful.

BODY CORPORATE ROLL – ACCESS TO RECORDS – where applicant lot owner requested copy of roll – where body corporate supplied copy of roll – where applicant alleges roll missing certain information – whether body corporate failed to comply with obligation to provide access to records – whether body corporate has obligation to seek alleged incomplete details from owner. Act, s 205; Accommodation Module, ss 212, 213

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

Validity of motion; responsibility for rectification works – whether application is frivolous, vexatious, misconceived and without substance; whether costs should be awarded. Act, ss 270(1)(c), (3); Accommodation Module, ss 170, 177, 178, 182, 201

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

EMERGENCY – SPENDING – where common property lift damaged due to water ingress – where lift not safely operable – where quotation for repairs exceeds the relevant limit for committee spending – whether emergency exists to authorise committee spending without ordinary resolution. Act, s 243A; Accommodation Module, s 162

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

STRATA TITLES- access to CCTV footage - application of s 180 and 182 of the Strata Schemes Management Act 2015 - jurisdiction of the Appeal Panel to give an advisory opinion or grant declaratory relief

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

POWER TO ENTER LOT \- Whether the body corporate may enter a lot to replace pipework \- Whether entry is “reasonably necessary” \- Whether proposed work is “work the body corporate is authorised or required to carry out” \- Whether pipework is common property utility infrastructure \- Statutory Easements Act, ss 20, 94(2), 163, Sched. 6 Land Title Act 1994 ss 115O, 115P

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.

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.

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.

BY-LAWS – whether the respondent has breached by-laws or caused a nuisance by operating its business on common property allocated for the exclusive use of other lots or by replanting common property garden beds; whether the respondent must withdraw its operations from that common property and reinstate the garden beds. Act, ss 52(2)(d)(i), 167, 280.

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

COSTS – costs of unsuccessful appeal

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

BODY CORPORATE PROPERTY – whether the respondent must comply with a request to return body corporate property – BODY CORPORATE MANAGER – whether the respondent is engaged as body corporate manager has ended – whether the respondent must cease purporting to act for the body corporate – GENERAL MEETING PROCEDURE – whether general meetings purportedly called by the respondent are valid – COSTS – whether the respondent should pay the application fees. Act, ss 97, 100, 119, 229, 270, 280, 318; Standard Module, ss 40-2, 82(1), 93(1), 133-142, 235

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

INTERIM ORDER – where QCAT proceedings taken against body corporate – where body corporate purportedly consented to orders to settle the QCAT proceedings, including payment of compensation – where consent orders made by QCAT – where applicant in QCAT proceedings now taking action in Magistrates Court to enforce QCAT orders – where applicant in this application is co-respondent in the QCAT proceedings – where applicant alleges purported committee decision to settle QCAT proceedings was not properly authorised – where applicant concerned that body corporate settlement would prejudice applicant’s defence of the QCAT proceedings – where applicant seeks interim order to stop committee making compensation payment – whether to make interim order to stop body corporate complying with QCAT order. Act, s 279

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.

Whether the body corporate maintained common property in good condition; whether the body corporate will maintain common property in good condition if proposed work is carried out; whether the proposed spending is above the relevant limit for committee spending; whether the spending is required to meet an emergency. Act, ss 152, 243A; Accommodation Module, ss 162, 170

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

Whether in the circumstances a person should be appointed as administrator; whether the committee acted reasonably making a decision; whether the body corporate acted reasonably. Act, ss 94, 100, 182, 301.

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

Whether a general meeting was held contrary to the Act; whether a motion on the agenda of a general meeting was void; whether a resolution passed at a general meeting was invalid; whether the body corporate had power to make a decision; whether the body corporate acted reasonably. Act, ss 94, 95, 152; Standard Module, ss 84, 89, 93, 180.

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

DECLARATORY ORDER – ANNUAL GENERAL MEETING – where the annual general meeting is to be held more than three months after end of financial year – whether to grant extension of time for the annual general meeting to be held late – whether to declare the annual general meeting will be not be invalid for being held late Accommodation Module s 73; Standard Module s 83; Commercial Module s 40

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

GENERAL MEETING PROCEDURES – whether the body corporate can hold its annual general meeting outside the legislative time limit. Standard Module, s 83

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 the body corporate properly served notice of a general meeting on each proprietor; whether a general meeting or a motion passed at at a general meeting should be set aside;. Act, ss 75, 77; Schedule 2 Part 2.

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

Whether opposition by lot owner to motions requiring resolutions without dissent was unreasonable; whether body corporate acted unreasonably in failing to carry motions. Act, ss35, 62(2), 94(2), 159, 276(1)(a) & (b), Schedule 5, Item 10; Standard Module, s187.

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 MOTION – whether a motion proposed to record a new community management to replace an exclusive use by-law about car parking – where the motion failed to achieve a resolution without dissent - whether dissenting votes were unreasonable in the circumstances - whether the motion should be deemed passed Act, s 276(1), Schedule 5, Item 10

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

GENERAL MEETING MOTION – where a motion purported to recalculate past levies to give effect to a purported voluntary insurance scheme – where there had been no agreement to a voluntary insurance scheme - whether the motion was valid – whether the motion should have been ruled out of order. Act, ss 94; Accommodation Module, ss 88(1), 185-199

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

RESOLUTION WITHOUT DISSENT – where a motion proposed that exclusive use be granted for benefit of a lot on 16th floor, for use as foyer area– where the motion failed to achieve a resolution without dissent – whether the opposition to the motion was unreasonable in the circumstances. Section 276(3) Act & Schedule 5 Item 10, Body Corporate and Community Management Act 1997. Body Corporate for Viridian; Ainsworth & ors v Albrecht & Anor [[2014] QCATA 294](/cgi-bin/viewdoc/au/cases/qld/QCATA/2014/294.html "View Case") Ainsworth & Ors v Albrecht & Anor [[2016] HCA 40](/cgi-bin/viewdoc/au/cases/cth/HCA/2016/40.html "View Case")

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

GENERAL MEETING MOTIONS – where the applicants sought approval to install an air conditioning unit and smoke detector on common property – where the motions failed to pass – whether the body corporate failed to act reasonably in not passing motions. Act, ss 67-79, 94; Standard Module, s 187

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

COMMITTEE – VACANCY – EXTRAORDINARY GENERAL MEETING – where 5 of 7 committee members progressively resigned – where the remaining committee appointed the treasurer also as chairperson – where the remaining committee called an EGM to fill the other vacant positions but not to contest the chairperson position – whether the chairperson’s appointment was valid – where the EGM resulted in a committee constituted by 2 persons occupying 3 executive positions and 5 persons occupying 5 ordinary positions – whether the new composition of the committee is lawful – where all willing committee candidates are now elected to the committee – whether to order another EGM for new committee elections. Standard Module, s 48

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

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

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

Damage to property – whether caused by contravention of the Act or Community Management Statement by the body corporate - whether applicant entitled to relief - whether the body corporate has to pay an occupier an amount as reimbursement for repairs to damaged property. Act, ss 152, 281

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

Return of body corporate property by former body corporate manager Act, ss 97, 229, 270, 318; Accommodation Module, ss 224, 225 Body Corporate and Community Management (Accommodation Module) Regulation 2008 (2008 Accommodation Module) ss 94, 112, 190, 204

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

RECORDS – where the applicant seeks a copies of records– whether the records exist – whether the body corporate has failed to provide access to the records. Act, s 205

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

IMPROVEMENT TO COMMON PROPERTY – whether an owner must remove a carport from common property; where the carport was erected with the oral approval of the other owners but was not approved by ordinary resolution and the owner has no right to the exclusive use of the common property occupied by the carport. Act, ss 10(2)(b), 35(1); Standard Module, s 187; Land Title Act 1994, ss 48C & 49C(4); Building Units and Group Titles Act 1980, s 30(1).

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.

EMERGENCY EXPENDITURE – whether the Body Corporate should be authorised to undertake emergency expenditure. Act, s 243A.

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

INTERIM ORDER – NECESSITY – whether applicants would suffer relevant harm if interim order not made – whether to grant interim orders Act, s 279

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

ANNUAL GENERAL MEETING – whether to grant permission to hold an annual general meeting later than required by the Commercial Module. Act, s 227(2); Commercial Module, s 40.

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

• Bengt Larsen lot owner
• Robert Ball lot owner
• The Owners - Strata Plan No. 3573 owners corp

The application for the appointment of a compulsory strata manager was dismissed as the Tribunal was not satisfied that the owners corporation was dysfunctional and that the management was not functioning satisfactorily.

APPEAL – NCAT – leave to appeal – principles – appeal on question of law, with leave – leave refused – no issue of principle or of general importance – no error of law ADMINISTRATIVE LAW – jurisdiction of NCAT – strata titles – broad jurisdiction – importance of finality – alleged denial of procedural fairness – none disclosed STATUTORY INTERPRETATION – Strata Schemes Management Act 2015 (NSW) – common property – alteration of definition of boundary between lots – common property on upper surfac

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

SIGNAGE – where owners can install a sign in a designated panel on a pylon sign on common property – where the respondents had an approved sign – where the respondents changed the approved sign – whether the respondents required and failed to obtain body corporate approval – whether the new sign should be approved. Act, ss 182-188; Standard Module, s 187

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

EXCLUSIVE USE BY-LAW – where an owner has exclusive use of a parking space on common property but Queensland Fire and Emergency Service has instructed the body corporate that the space is on an evacuation route and cannot be used for parking; where the body corporate installed a bollard in the parking space; whether the body corporate must provide an alternative temporary or permanent parking space or call a general meeting to consider a motion to grant the owner an alternative parking space. Act, ss 180(1), 276(1); Accommodation Module, ss 74(1)(a), 76.

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

BY-LAWS – where an area of common property was leased to a previous caretaker – where the lease was not assigned to the current caretaker – where the body corporate says the current caretaker has locked the area and is storing items in it - whether the caretaker is obstructing the common property in breach of the by-laws. Act, ss 35, 94, 182-86

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.

• Sunaust Properties Pty Ltd party
• The Owners - Strata Plan No 64807 owners corp

The appeal panel stayed the termination of the caretaker agreement and the mandatory sale order pending appeal, but conditioned the stay on the appellant granting the respondent ongoing access rights to the reception lot for essential utilities and equipment.

APPLICATION FOR INTERIM ORDERS – whether the body corporate should be prevented from installing a roof hatch upon common property until it can be determined whether the improvement has been properly authorised. Act, ss 100, 279(1); Standard Module, ss 52(1)(d), 186.

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

RECORDS – whether the body corporate has failed to comply with an obligation to provide access to records – ACCESS TO RECORDS – whether the body corporate is entitled to withhold records requested by an owner on the basis that they contain defamatory content or are subject to legal professional privilege. DISMISSAL OF APPLICATION – whether the application is misconceived and without substance Act, ss 205, 270(1)(c); Accommodation Module 2020, ss 220, 221 & 222.

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

ACCESS TO RECORDS – where the applicant sought access to CCTV footage – whether the body corporate has failed to provide access to records. Act, s 205; Accommodation Module, ss 221, 222

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

Improvements to lot and common property – whether appropriately authorised; where standing of respondent changes before application is disposed of. Act, ss 239C, 270(1)(e); Small Schemes Module, ss 103, 106

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