Decisions table

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.

RECORDS – whether the body corporate has failed to provide the applicant with access to body corporate records Act, s 205 Standard Module 2020, ss 231, 232, 233

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

Whether an owner made an improvement to common property; whether an owner has contravened a by-law. Act, ss 94, 152, 182; Standard Module, s 187.

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

IMPROVEMENT TO COMMON PROPERTY – where the applicants have installed a flagpole and fly a flag – where the body corporate says the applicants do not have approval – whether the applicants should be able to keep the flagpole in its current form. Act, s 94; Small Schemes Module, s 112

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

ACCESS TO RECORDS – where the applicant sought CCTV footage –whether the body corporate has failed to provide access to records. Act, s 205; Standard Module, ss 231, 232

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

ANIMAL BY-LAW– Where scheme by-laws permit animals with consent of body corporate - whether committee decision to refuse permission to keep a dog was unreasonable. Body Corporate Beaches Surfers Paradise v. Backshall [2016] QCATA Ainsworth v Albrecht [[2016] HCA 40](/cgi-bin/viewdoc/au/cases/cth/HCA/2016/40.html "View Case") Act, ss 94(2),100(5),167.

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 a by-law contravention notice until I can decide whether the by-law is invalid; whether a by-law requiring compliance with design guidelines is invalid because it prohibits rather than regulates or because it forces the applicant to breach a local government regulation; whether the committee acted unreasonably when deciding to issue the by-law contravention notice. Act, ss 100(5), 169, 180, 279(1).

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

INTERIM ORDER – where common property fences required maintenance – where same issue motion proposed different materials and levels of expenditure – where owners chose more expensive option – where applicant says the fences benefit individual owners and ought to be paid for by them – where applicant says extra expenditure unnecessary and therefore unreasonable – where applicant says motion was not proposed by committee as stated on voting paper – where applicant says motion was therefore misleading – where prospects of succeeding at final determination stage on legal arguments appear poor – whether to grant interim order Act, ss 279, 94, Standard Module s 88

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

Whether the removal of existing masonry boundary wall and erection of new wall in an exclusive use area was a disposal of an interest in common property - whether the works could be approved by simple majority- whether approval by resolution without dissent was required Body Corporate and Community Management Act Land Titles Act ss 10, 41A\_,\_ 41B and 41C Body Corporate and Community Management (Standard Module) 2020 s 184 Katsikalis v Body Corporate for The Centre [[2009] QCA 77](/cgi-bin/viewdoc/au/cases/qld/QCA/2009/77.html "View Case") Diane [[2016] QBCCMCmr 585](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2016/585.html "View Case") Dansur v Body Corporate for Cairns Aquarius [[2022] QCATA 15](/cgi-bin/LawCite?cit=%5b2022%5d%20QCATA%2015 "View LawCiteRecord")

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

IMPROVEMENT TO COMMON PROPERTY – where the applicants submitted a motion seeking approval to install solar panels on the roof above their lot – where the committee submitted a motion proposing the approval of the panels subject to conditions – where neither motion passed – whether decision not to pass the motions was unreasonable. 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.

Whether the body corporate acted reasonably. Act, ss 94, 95, 101 150; Accommodation Module, ss 152, 153, 156.

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

• Chen Chew Chua lot owner
• The Owners – Strata Plan No 36156 owners corp

The appeal against the Tribunal's decision refusing to invalidate resolutions and the election of the strata committee at the March 2019 AGM was dismissed, with the appellate panel finding no error of law in the Tribunal's determination that the appellant was not adversely affected by any procedural non-compliance.

INTERIM ORDER – APPLICATION FOR INTERIM ORDER–WHETHER ADJUDICATOR CAN BE SATISFIED THAT AN APPLICATION RAISES A SERIOUS LEGAL QUESTION AND THAT THE BALANCE OF CONVENIENCE BETWEEN THE PARTIES JUSTIFIES INJUNCTIVE RELIEF. DECISION MAKING BY BODY CORPORATE COMMITTEE – OBLIGATION TO ACT REASONABLY 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") Act, ss 94,100, 279.

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

APPLICATION FOR AN INTERIM ORDER – whether there is a question of law for determination and whether the balance of convenience falls in favour of the applicant –whether to make an order pending a decision on the application for final orders. Act, ss 100(5), 169, 269(3), 276(1), 279(1).

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

IMPROVEMENT TO COMMON PROPERTY – whether the body corporate must install grated strip drains on common property to prevent runoff from a common property road from running through a lot during heavy rain. Act, ss 94(1)(a), 100(5); Standard Module, ss 173, 180(1), 186, 187.

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

GENERAL MEETING MOTIONS – INSURANCE – whether motions passed at an annual general meeting are valid – whether insurance arrangements comply with the legislative requirements. Accommodation Module, ss 150-152, 162, 163, 186-196

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 permission 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.

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.