Decisions table

Cat being kept on scheme – whether breach of by-laws and/or nuisance; whether cat should be removed. Act, ss 59, 66, 94, 182, 183, 184.

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

Whether the body corporate acted reasonably in making a decision. Act, s 94(2).

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

GENERAL MEETING MOTIONS – where two motions submitted by the applicant did not pass – whether the body corporate decisions should be overturned – whether orders are warranted. Act, ss 20, 94, 169, 180; Standard Module, ss 180

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

Whether the body corporate acted reasonably in making a decision to pass a resolution on a motion. Act, s 94(2).

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

Whether applicant entitled to be reimbursed costs of replacing tiled concrete slab within exclusive use area of common property. Act, ss 152, 281; Standard Module, ss 159, 170, 173

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 committee resolutions that would reduce payments to the caretaking service contractor until the validity of those resolutions may be determined at final orders; where the reduction in remuneration is said to be contrary to the terms of the caretaker’s contract and the committee is thought to have acted unreasonably. Act, ss 100(5), 149B, 279(1); Accommodation Module s 125(1)(a).

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

• Tony Martire lot owner
• The Owners – Strata Plan No. 42159 owners corp

The Tribunal ordered that each party pay their own costs of the proceedings, finding no special circumstances warranted a departure from the usual rule that each party bears its own costs.

Whether the body corporate had a duty to maintain a common property roof; whether that duty was affected by an exclusive use by-law; whether the applicant is entitled to reimbursement of contributions paid to the body corporate. Act, ss 94, 95, 152; Standard Module, ss 180, 186, 192.

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

BY-LAWS – RENOVATION OF A LOT - where the respondent installed a bamboo structure at the front fence/gate of his lot – where he did not have body corporate approval - whether he contravened a by-law. Act, ss 94, 182, 184

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

BY-LAWS – whether an owner keeping a dog at the scheme without the body corporate approval required by the by-laws must remove the dog and keep it away; where the dog has been residing at the scheme for an extended period seemingly without adversely affecting other occupiers or the common property. Act, ss 59(2)(b), 100(5).

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

GENERAL MEETING MOTION – where the body corporate resolved to raise a special levy to cover a shortfall in the insurance budget – where the applicant claims the body corporate’s calculations are incorrect – whether the resolution is valid – COSTS – whether the applicant should be compensated for his costs in making this application. Act, s 94

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.

BY-LAWS – where the applicant alleges another owner breached the nuisance by-law – whether the body corporate should have issued the owner a by-law contravention notice – COSTS – where the respondent failed to participate in conciliation - whether costs should be awarded to the applicant. Act, ss 94, 100, 180-186, 280

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

ANNUAL GENERAL MEETING – whether to extend the time for holding an annual general meeting. Act, s 104; Standard Module, ss 82(1), 83.

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

ADMINISTRATOR – whether an administrator should be appointed. Act, ss 278, 301

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.

COMMITTEE MOTIONS – whether the committee failed to consider motions submitted by the applicant – whether orders are warranted – COSTS – whether the application is vexatious, misconceived or without substance – whether costs should be awarded to the respondent. Act, s 270, Accommodation Module, s 50; COVID-19 regulations, ss 6-10

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

AGM RESOLUTION; IMPROVEMENT TO COMMON PROPERTY – whether a motion to increase the relevant limit for committee spending with respect to expenditure on the installation of a solar power system on the common property roof was invalid; whether two quotations or further consultation were required; whether the body corporate may spend on such an improvement if there are unmet maintenance needs at the scheme; whether the body corporate is proposing to carry on a business because it would raise funds from the solar panels via a feed-in tariff; whether the body corporate may proceed with the solar installation. Act, s 96; Standard Module, ss 172-174, 180(1), 186.

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.

IMPROVEMENT TO LOT; AGM RESOLUTION – whether the body corporate acted unreasonably when deciding against a motion proposing works to join the applicants’ two one-bedroom units to form a single three-bedroom unit; whether the motion should be deemed passed. Act, ss 94(2), 101(2); Accommodation Module, ss 170(2)(b), 177; Land Title Act 1994, ss 48C, 49C(4).

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

Whether a sail structure is a roofing structure providing protection which the body corporate is obliged to maintain in a structurally sound condition. Act, s 152; Accommodation Module, s 170(2)(b)(ii).

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

ANIMAL BY-LAW – where the committee refused permission for the applicants to have a dog - permission for the applicant body corporate failed to act reasonably when lot - whether approval should be given. Act, ss 94(2), 100(5)

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

BY-LAWS – GARBAGE DISPOSAL – where the respondent has been requested to remove rubbish bins from common property - whether an occupier has contravened the by-laws. Act, ss 94, 182, 184

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

INTERIM ORDER – where services contractor apparently engaged without a committee or body corporate resolution – whether to make interim order to stop further engagement of contractor Act, s 279

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

• Peter John Hannan lot owner
• Margaret May McQuade lot owner
• Lesley Van Dyck lot owner
• The Owners - Strata Plan No. 20680 owners corp
• Strata Central Pty Ltd manager

The Tribunal appointed Strata Central Pty Ltd as strata managing agent for 24 months to exercise all functions of the Owners Corporation, finding the Owners Corporation failed to perform its duties to repair and maintain common property.

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.

ONUS OF PROOF – STANDARD OF PROOF – EVIDENCE – where floor waste in applicant’s bathroom was not connected to wastewater pipe – where no direct evidence of fault or omission by the body corporate – whether evidence sufficient to satisfy adjudicator of body corporate liability\_‑\_ – meaning of balance of probabilities

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

IMPROVEMENT TO COMMON PROPERTY/LOT – whether the applicants ought to be granted body corporate approval to install a digital “smart” lock on the front door of their lot; whether committee approval was unreasonably withheld; whether approval must be sought at a general meeting on the basis that the lock would detract from the appearance of the common property. Act, ss 94(2), 100(5); Standard Module, s 187; Land Title Act 1994, ss 48C, 49C(4).

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

COMMON PROPERTY – whether an owner has made an improvement which encroaches onto common property– where improvements have been approved by unanimous resolution of an EGM - whether common property has been disposed of. Act, ss 35, 94, 95, 154, 159; Standard Module, ss 184, 187.

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

GENERAL MEETINGS – whether two general meetings were valid – which version of the minutes is correct – which lots were financial - who was eligible to vote – who was eligible to be appointed to the committee – whether an adjudicator has jurisdiction to decide the dispute. Act, s 229A

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

GENERAL MEETINGS – whether two general meetings were valid – which version of the minutes is correct – which lots were financial - who was eligible to vote – who was eligible to be appointed to the committee – whether an adjudicator has jurisdiction to decide the dispute. Act, s 229A

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

Whether the body corporate had administered common property and body corporate assets reasonably and for the benefit of owners; whether the body corporate has acted reasonably; whether the body corporate has wrongfully denied access to body corporate information or documents; whether the body corporate has kept registers. Act, ss 94, 152, 205, 276; Standard Module, ss 226-230, 232.

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

By-LAWS – whether existing by-law prohibiting installation of shutters is oppressive or unreasonable having regard to the interests of all owners and occupiers of lots in the scheme. Act, ss 180(7).

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

REGULATION MODULE – where the community management statement states that the Accommodation Module applies to this scheme – whether the circumstances that must exist for the Accommodation Module to apply to this scheme actually exist – whether a new community management statement should be recorded stating that the Standard Module applies. Act, ss 21(3); Accommodation Module, s 3, Standard Module s 3

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

BY-LAWS – whether the respondents have breached the by-laws in regard to parking, noise, and behaviour. Act, ss 94, 167, 182-188

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

REQUESTED GENERAL MEETING – whether a notice requesting an extraordinary general meeting was valid – whether the meeting was validly called – whether the motions purportedly passed at the meeting were valid Standard Module ss 82, 93

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

Application for interim order for temporary approval to keep dog within lot pending final determination – whether warranted in the circumstances. Act, ss 100(5), 169, 279.

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

• Robert King and Victoria King as trustees for the Cascade Trust lot owner
• The Owners - Strata Plan No. 19410 owners corp

The owners corporation was found to have breached its statutory duty to maintain and repair common property relating to an external wall defect that caused mould in lot 43, and was ordered to carry out specified remedial works and pay $70,551.99 in damages for loss of rent.

GENERAL MEETING – whether motions considered at a general meeting were valid – whether the committee election was validly conducted – whether orders are warranted – COSTS – whether the application is misconceived and without substance – whether costs should be awarded. Act, s 270

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

• The Owners – Strata Plan No. 96841 owners corp
• KF Developments Pty Ltd builder
• Raw Constructions Pty Ltd party

The matter was resolved by consent orders for a work order on 14 October 2021, and each party was ordered to pay their own costs as the respondent builder's conduct was found to be reasonable and there was no substantial victory or loss.

COMMITTEE ELECTION – whether material sent to owners by an individual at that individual’s cost about the election to be conducted for positions on the committee contravened the Act.

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

ADMINISTRATOR – whether an administrator should be appointed at a duplex where owners are unable to agree on the basic governance of their scheme\_.\_

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, pending final orders, from implementing a general meeting resolution to issue a by-law contravention notice to the applicant and seek the removal of a partition from common property; where the applicant argues that a motion to grant it a licence to the relevant area of common property should be deemed passed, and the motion to issue the contravention notice and remove the partition should be declared invalid. Act, ss 94(2), 101(2), 242, 279; Standard Module, s 184(2)(b).

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

Whether a body corporate annual general meeting will be invalid just because it will be held outside the prescribed legislative time frame. Standard Module, s 83.

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.

Owner motion omitted from AGM agenda – whether AGM void; whether EGM required; whether certain transactions required to be audited. Act, ss 227, 238; Standard Module, ss 86, 90, 93(2)(a)(iii)

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

Whether a general meeting is invalid; whether a person was elected to the committee in contravention of the Act; whether it is just and equitable in the circumstances to invalidate the election of a person as a member of the committee. Act, ss 99, 276.

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.

RECORDS – whether the body corporate failed to provide the applicant with access to body corporate records Act, s 205

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

• The Owners Strata Plan No 74698 owners corp
• Jacinta Investments Pty Ltd party

The Appeal Panel affirmed the first instance costs order of 80% in favour of Jacinta and ordered the Owners Corporation to pay 90% of Jacinta's costs of the appeal, with Jacinta to be quarantined from levying to cover these costs.