Decisions table

• The Owners – Strata Plan No. 64807 owners corp
• Sunaust Properties Pty Ltd manager

The caretaker agreement between the applicant and respondent was terminated, the respondent was ordered to sell Lots 107 and 109, and to provide the password for the digital video recording system to the applicant's secretary.

COMMUNICATIONS FROM LOT OWNER – whether volume and tone of correspondence is unreasonable or constitutes a nuisance– whether it is reasonable for body corporate to restrict communications from the respondent.

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

Whether the committee gave proper notice of a motion included on the agenda of a general meeting. Whether the body corporate acted reasonably when making a decision on a motion included on the agenda of a general meeting. Act, s 94.

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

RESOLUTION WITHOUT DISSENT – whether resolution was not passed because of opposition that is unreasonable. Act, ss 227, 228, 276 and Schedule 5 Points North [[2004] QBCCMCmr 423](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2004/423.html "View Case") Ocean Plaza Apartments [[2004] QBCCMCmr 452](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2004/452.html "View Case") Q1 [[2007] QBCCMCmr 131](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2007/131.html "View Case")

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

APPEALS - Standing of lot owners to bring appeal on behalf of Owners Corporation where strata manager appointed by Tribunal with plenary powers LAND LAW – Strata Title – Strata managing agent – Compulsory appointment of strata managing agent – Strata managing agent appointed with plenary powers

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

Whether disputed amount paid voluntarily should be reimbursed. Act, s 280(1) The Body Corporate for The Grove CTS 9356 v Comerford [](http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QCATA/2019/172.html "View Case")[[2019] QCATA 172](/cgi-bin/viewdoc/au/cases/qld/QCATA/2019/172.html "View Case")

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

• Stephen Gregg lot owner
• The Owners - Strata Plan No. 80881 owners corp

The owners corporation breached its strict statutory duty to maintain and repair common property by failing to complete remedial works to the courtyard since August 2019, and the applicant is entitled to damages for lost rental income.

APPLICATION FOR INTERIM ORDERS – whether the applicant should be permitted continued access to the respondent’s common property pending a decision as to the validity of a committee resolution to terminate a facility sharing agreement between the parties. Act, ss 35(1), 100, 242, 279(1); Commercial Module, ss 17(1)(a), 49.

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

• L. Dawes and 29 other lot owners lot owner
• The Owners-Strata Plan No 93087 owners corp
• Professional Strata Management Group manager
• Y. Lin, S. Chew, X. Bai, T. Chen, H. Han, K. Hu, B. Guo, Z. Zhao, R. Du lot owner

Bright & Duggan Pty Ltd was appointed as compulsory strata manager for 18 months due to the owners corporation's failure to adequately manage the scheme and perform its duties regarding structural defects and monitoring.

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.

GENERAL MEETING MOTIONS – whether motions should be declared invalid- where motions originally contained an incorrect reference to body corporate manager but were amended at the AGM – Disclosure of insurance details at annual general meeting – requirements contained in section 186 Accommodation Module Act, ss 270, 276, Accommodation Module, ss 146,166, 167, 186

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

REVIEW OF TERMS OF A SERVICE CONTRACT – where the body corporate seeks a review of the terms of the service contract with the respondent – where the statutory time limit for a review has expired – whether the application is within the jurisdiction of an adjudicator – whether an adjudicator can make an order to permit a review - whether an order is warranted – COSTS – whether costs should be awarded. Act, ss 130-135, 229, 276, 270

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

Whether committee acted reasonably making a decision. Act, s 100(5)

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

MAINTENANCE – whether the body corporate is required to replace windows and screens in a lot – what colour the replacement windows should be. Standard Module 2020, s 180

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 continuing to renovate a pool area on common property until the work has been authorised by special resolution. Act, ss 106, 242, 279; Accommodation Module, ss 163, 176.

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

INTERIM ORDER – whether an interim order should be made in the circumstances.

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.

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

COSTS – Special circumstances

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.

NOTCE – EXTRAORDINARY GENERAL MEETING – where body corporate passed spending motion for pool works but neglected to present a motion to approve the works – where works have already commenced – where committee seeks approval to hold EGM on 7 days’ notice to present motion to approve the works. Accommodation Module, s 81

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

INTERIM ORDER – whether an interim order is warranted in the circumstances.

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.

BY-LAWS – NUISANCE, HAZARD, UNREASONABLE INTERFERENCE – where the respondent smokes on her lot and balcony – where the applicant experiences smoke drift – whether the respondent is in breach of the by-laws - whether the respondent is causing a nuisance, a hazard, or an unreasonable interference. Act, ss 167, 182-186

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

• Geoffrey Eric John Ashlin lot owner
• The Owners-Strata Plan No 50705 owners corp

The Appeal Panel dismissed the appeal and refused leave to appeal, upholding the Tribunal's finding that the Owners Corporation had not breached its statutory duty under section 106 of the Strata Schemes Management Act to maintain and repair the common property balcony of unit 1501.

• Australia City Properties Management Pty Ltd contractor
• The Owners – Strata Plan No 65111 owners corp

The Court set aside the primary judge's costs orders and ordered the respondent to pay 80 per cent of the appellant's costs of the proceedings in the court below.

APPLICATION FOR INTERIM ORDERS – whether the decisions of an extraordinary general meeting should not be implemented until it can be determined whether some owners’ votes were incorrectly disregarded and the meeting was called without proper authority. Act, ss 151, 279; Standard Module, ss 48(1)(a)(i), 84, 98(1), 101, 104(b), 128(5), 129(1)(a), 130(3)(c), 222, 234, 235.

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. Accommodation Module, s 73.

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.

Owners Corporations

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

INTERIM ORDER – 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.

BY-LAWS – whether a lot owner is in breach of a by-law requiring yard landscaping to be maintained in good condition. Act, s 30

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

ANIMAL BY-LAW – whether the respondent’s dogs are barking in breach of the by-laws – whether the respondent should be required to remove the dogs. Act, ss 182-188

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 –request by the applicant that she be permitted to walk her dogs on a lead over common property, 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.

• The Owners – Strata Plan No. 76929 owners corp
• David Cole Baldwin lot owner

The appeal against the dismissal of the owners corporation's application for costs was dismissed, with the Appeal Panel finding no error of law in the first instance decision and confirming that there were no special circumstances warranting a costs order against the lot owner.

GENERAL MEETING PROCEDURES – whether the body corporate can hold its annual general meeting outside the legislative time limit. Accommodation Module, s 73

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

GENERAL MEETING PROCEDURES – where votes for the committee ballot were accepted and counted after the annual general meeting –whether votes received after the meeting were valid – GENERAL MEETING MOTION – whether a motion is valid. Act, ss 94; Accommodation Module 2020, ss 14-26

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

ANNUAL GENERAL MEETING – whether a body corporate annual general meeting will be invalid just because it will be held outside the prescribed legislative time frame. Accommodation Module, s 73.

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 extend the time for the annual general meeting to be held – 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.

APPEAL; extension of time for late lodgement - appellants prospects of success - appeal against dismissal of costs application where appellant had mixed success.

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

LAND LAW – Strata Schemes Management Act – whether dog is an assistance animal – requirements for training – whether Federal matter arises- extension of time to lodge appeal - relevant principles.

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

NOTCE – EXTRAORDINARY GENERAL MEETING – where body corporate is uninsured – where committee unable to source required insurance – where committee has sourced alternative insurance offer – where committee seeks approval to call and hold extraordinary general meeting on 10 days’ notice. Accommodation Module, s 81

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

INTERIM ORDER – where committee refused lot owners’ application to bring a dog onto the scheme – where applicants allege committee decision was unreasonable – whether to grant interim order to allow dog to be brought onto the scheme pending further or final order. Act, s 279

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

MEETING NOTICE – whether the body corporate should be authorised to hold an extraordinary general meeting without 21 days’ notice. Act\_,\_ s 276\_;\_ Accommodation Module, s 81

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

INTERIM ORDER – MAINTENANCE – IMPROVEMENT – where body corporate passed motion to inspect, repair and add membrane coating to all concrete tiled roofs – where applicants say some of the works are unnecessary and the membrane is an improvement – whether reasonable to pass motion to inspect and repair all roofs without quotations for actually necessary repairs – whether adding membrane is an improvement to common property which required a special resolution – whether to grant interim order. Act, s 279; Standard Module, s 180

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

INSURANCE – whether the body corporate must reimburse an owner for the cost of repairs to her lot because it failed to authorise her to seek a review of the body corporate insurer’s decision to reject her claim. Act, ss 97, 100(5).

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

• David Donne lot owner
• The Owners - Strata Plan No. 86457 owners corp

The applicant's surplus in the capital works fund was ordered to be transferred to cover the deficit in the administrative fund with no interest payable; the resolutions of the AGM were not invalidated; one co-owner of lot 2 was ordered to resign from the strata committee; and the respondent was not yet permitted to levy additional contributions for non-performance of maintenance work.

INTERIM ORDER – whether an interim order is warranted. Act, s 279

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

INTERIM ORDER – whether an interim order is warranted. Act, s 279

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 restrained from issuing parking tickets to owners and occupiers parking improperly on common property until a final decision can be made regarding the body corporate’s power to require the payment of parking fees; whether signs erected on common property warning of the potential imposition of parking fees should be removed or altered pending final orders. Act, ss 35(1)&(4), 59(2)(b)-(d), 180(6), 279.

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