Decisions table

BODY CORPORATE – whether the body corporate acted reasonably including making a decision. Act, ss 94, 205; Standard Module, s 232

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

• The Owners – Strata Plan No. 98503 owners corp
• Angela Morrell lot owner

The respondent was ordered to remove unauthorised bi-fold windows installed on common property within six months and make good all damage caused, with provision for the owners corporation to enter and perform the work if the respondent fails to comply.

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, s 279; Standard Module, ss 84, 98(1), 101, 104(b), 128(5), 129(1)(a).

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

BY-LAWS – whether the body corporate properly exercised its rights or powers, or performed its duties, as provided for in a scheme exclusive use by-law. JURISDICTION – whether there is a dispute to be resolved under Chapter 6 about a claimed contravention of the Act or the scheme’s community management statement or the exercise of rights or powers or performed duties under the Act or the CMS. Act, ss 173, 276; Commercial Module, s 139

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

Whether body corporate was entitled to withhold owner’s share of compensation proceeds. Act, ss 270(1)(c), 280(1); Acquisition of Land Act 1967 Qld, s18(10)(b)

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

• Gayle Marie Linney lot owner
• The Owners - Strata Plan No. 11669 owners corp
• Susanne Parks party

The Tribunal ordered the owners corporation to repair a damaged bathroom bulkhead by 31 January 2022 and to record by-laws in the strata roll, but dismissed other aspects of the application relating to the AGM, removal of committee member, and other orders.

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.

INTERIM ORDER – Application for interim order– whether warranted in the circumstances\_.\_ SDW2 Pty Ltd v JLF Corporation Pty Ltd [[2017] QSC 001](/cgi-bin/LawCite?cit=%5b2017%5d%20QSC%20001 "View LawCiteRecord") ABC v O’Neill [[2006] HCA 46](/cgi-bin/viewdoc/au/cases/cth/HCA/2006/46.html "View Case") Act, ss 276, 279.

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

GENERAL MEETING MOTION – where the body corporate considered a motion to remove a by-law - 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 – whether consequential orders should be made. Act, s 276(1), Schedule 5, Item 10

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

EMERGENCY EXPENDITURE – whether the circumstances give rise to a genuine emergency. Act, s 243A; Standard Module, s 172(1)(c)

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

FINANCIAL YEAR – whether to change the body corporate’s financial year. Act, s 283; Standard Module s 162(1)(c).

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

COMPENSATION – where the committee initially offered to reimburse owners for their costs of engaging a contractor to remove roof top air conditioners prior to roofing membrane works – where the body corporate subsequently resolved that its own contractor would remove the air conditioners – whether the applicant is entitled to compensation - COSTS - whether the applicant should be reimbursed for her application fees – whether costs should be awarded against the applicant. Act, ss 280, 281

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

INTERIM ORDER – Application for interim order– whether warranted in the circumstances\_.\_ SDW2 Pty Ltd v JLF Corporation Pty Ltd [[2017] QSC 001](/cgi-bin/LawCite?cit=%5b2017%5d%20QSC%20001 "View LawCiteRecord") ABC v O’Neill [[2006] HCA 46](/cgi-bin/viewdoc/au/cases/cth/HCA/2006/46.html "View Case") Act, ss 276, 279.

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

COMMON PROPERTY – whether the body corporate has complied with its statutory duty with respect to common property; whether work is maintenance or an improvement. COMMITTEE – whether the committee acted reasonably making a decision. BODY CORPORATE - whether the body corporate acted reasonably. Act, ss 94, 100, 152; Accommodation Module, ss 170

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

INSURANCE UNDER BUILDING FORMAT PLAN Obligation to insure Act, s 280(2) Small Scheme Module, ss 117, 125

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

INTERIM ORDER – BALANCE OF CONVENIENCE – COMMITTEE VACANCY – COMMITTEE ELECTION – where 5 of 7 committee members resigned – where remaining members were less than a quorum and EGM is required to fill vacancies – where remaining committee appointed one of the remaining members as chairperson and called EGM to fill vacancies – where EGM does not propose to fill position of chairperson – whether to make interim order to stop EGM proceeding – where balance of convenience lies. Act, s 279; Standard Module, ss 48, 51

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

INSTALLATION OF PHOTOVOLTAIC CELLS BY LOT OWNER APPEARANCE BY-LAW – WHETHER BODY CORPORATE APPROVAL REQUIRED OBLIGATION OF BODY CORPORATE TO ACT REASONABLY s. 246S Building Act 1975 s.94 Body Corporate and Community Management Act 1997

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

BY-LAW CONTRAVENTION Act, ss 182 to 188

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

Building and Property List

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

COMMON PROPERTY – whether a structure built on common property is an improvement; whether the structure is an improvement to common property by a lot owner; whether the improvement to common property has the effect of granting use of part of common property exclusively to a lot owner for an indefinite period. DISPUTE – whether the outcome sought by the application is relevant or required. Act, ss 94, 170, 171, 270; Standard Module, s 187

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

COSTS-indemnity costs-refusal of offer for work order to be made -subsequently work order agreed to APPEALS-- no error of law-no point of principle-no appealable error concerning Tribunal’s conclusion that appellant acted unreasonably prolonged resolution of the proceedings – point not raised

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

ADMINISTRATOR – whether an administrator should be appointed to call and conduct the 2021-22 AGM; what matters should be considered at the AGM. Act, ss 276(4), 301; Standard Module, ss 7(1), 9(4), 13(1), 41(1). 43, 82, 83, 86(1)(a), 91, 93(3)(a).

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.

IMPROVEMENT TO A LOT – where a lot owner installed a roofing structure on a balcony – whether body corporate approval was required – whether approval was unreasonably refused – whether the structure should be removed. Act, s 94; Specified Two-Lot Schemes Module, ss 5, 6

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

MAINTENANCE OF EXCLUSIVE USE AREA – whether an owner must remove improvements within his exclusive use area so the body corporate can install a new waterproof membrane and investigate/repair utility infrastructure that was implicated in water ingress to multiple lots; whether the owner must pay for repairs to the slab and utility infrastructure, where he may be responsible for damaging them. Act, ss 163, 166, 167, 177(1), 281; Standard Module, ss 166, 192(3).

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

• The Owners - Strata Plan No. 31293 owners corp
• Mark Lewinsohn lot owner

The Lot owner was ordered to remove alterations to common property including a skate ramp, rear deck and garden beds, remove stored items and rubbish from common property, and pay a penalty of $550 for breaching by-laws; his cross-application was dismissed.

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.

ANNUAL GENERAL MEETING PROCEDURES – whether an order should be made extending the timeframe to call and hold the annual general meeting.

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 lot owner

The appeal was allowed in part; orders requiring registration of a plan of subdivision and transfer of common property were set aside and replaced with orders to register a common property rights by-law granting exclusive use rights to the lot owner, and the levy order for damages was modified to exclude the successful applicant from being levied.

RECORDS – whether a request for body corporate records should be granted. Act, s205(2).

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

MAINTENANCE – in building format plan – whether body corporate has failed to meet their obligations- obligation of body corporate to maintain common property Act ss 152, 227, 228, 276, 281; Standard Module, s 180. Seiwa Pty Ltd v The Owners Strata Plan 35042 [[2006] NSWSC 1157)](/cgi-bin/viewdoc/au/cases/nsw/NSWSC/2006/1157.html "View Case") Ridis v The Owners Strata Plan 10308 [[2005] NSWCA 246](/cgi-bin/viewdoc/au/cases/nsw/NSWCA/2005/246.html "View Case") MAGOG Pty Ltd v Body Corporate for the Moroccan [[2010] QDC 70](/cgi-bin/viewdoc/au/cases/qld/QDC/2010/70.html "View Case") Costa D’ora Apartments [[2006] QBCCMCmr 628](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2006/628.html "View Case") (27 November 2006) Klinger & Anor v Body Corporate for Costa D’Ora [[2007] QDC 300.](/cgi-bin/viewdoc/au/cases/qld/QDC/2007/300.html "View Case")

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

ANIMAL BY-LAW – whether the body corporate did not act reasonably when refusing permission for a second dog in a 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.

GENERAL MEETING MOTION – whether a motion should be invalidated.

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

COMMITTEE SPENDING – IMPROVEMENT TO COMMON PROPERTY – where committee passed motions to demolish parts of common property – where applicant sought order that the works not proceed unless body corporate passed a special resolution – where body corporate subsequently passed special resolution for the works – where applicant now says the works require a resolution without dissent – whether works require resolution without dissent – whether dispute still exists. Act, s 227; Standard Module, ss 172, 186

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

BY-LAW CONTRAVENTION Act, ss 182 to 188, s188

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

INTERIM ORDER – Application for interim order– whether warranted in the circumstances\_.\_ SDW2 Pty Ltd v JLF Corporation Pty Ltd [[2017] QSC 001](/cgi-bin/LawCite?cit=%5b2017%5d%20QSC%20001 "View LawCiteRecord") ABC v O’Neill [[2006] HCA 46](/cgi-bin/viewdoc/au/cases/cth/HCA/2006/46.html "View Case") Act, ss 276, 279.

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

MOTIONS FROM AN ANNUAL GENERAL MEETING – whether 10 motions submitted to the annual general meeting were invalid and should have been ruled out of order Act, ss 94(2), 149B; Accommodation Module, ss 79, 84(2), 163.

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

• Synergy Group Services Pty Ltd contractor
• The Owners - Strata Plan No. 90607 owners corp
• The Owners – Strata Plan No. 90582 owners corp

Judgment awarded to Synergy for $7,552.94 in accrued interest on unpaid invoices; defendants repudiated the agreement through continued non-payment and the repudiation was validly accepted; however, Synergy failed to establish entitlement to consequential damages for loss of profits as it did not quantify expectation damages and could not claim notional invoice values under the contractual termination clause cl 16.5.3 since termination was via common law repudiation acceptance, not contractual termination.

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.

APPLICATION FOR INTERIM ORDERS – whether the body corporate should be prevented from implementing a resolution to remove a tree prior to final orders because it would be unreasonable to remove the tree, the motion requires a special resolution because it is part of a program of improvements that exceed the ordinary resolution improvement range, or because the committee that resolved to submit the motion to a general meeting is invalid. Act, ss 94(2), 100(4), 279(1); Standard Module, ss 13(6), 186.

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

REASONABLENESS – where subsidiary body corporate resolved to instruct representative to vote in support of principal body corporate undertaking maintenance on PBC land to stop flooding acting SBC lot – where SBC owner says the works would only benefit one owner and the flooding is due to the other owner not siting constructing their residence properly, and the works should be funded by that owner as an improvement to common property – whether unreasonable for SBC to vote in favour of PBC undertaking and paying for the works. Act, s 100(5)

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

Resolution to grant licence over area of common property made by administrator exercising powers of body corporate – whether valid. Act, s 94

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 a resolution to remove a tree prior to final orders because it would be unreasonable to remove the tree, the motion requires a special resolution because it is part of a program of improvements that exceed the ordinary resolution improvement range, or because the committee that resolved to submit the motion to a general meeting is invalid. Act, ss 94(2), 100(4), 106, 279(1); Standard Module, ss 13(6), 186.

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

• Zhanxia Wu lot owner
• Robert Acevski party
• The Owners – Strata Plan No. 80611 owners corp

The application was dismissed on the grounds that the applicants lacked standing to bring proceedings under section 232 of the Strata Schemes Management Act 2015 for breach of the owners corporation's statutory duty to repair and maintain common property, as only the owners of the lot may bring such an action.

GENERAL MEETING – whether an annual general meeting was valid – whether the body corporate should be required to call a new annual general meeting – whether a motion purporting to require the change of use of a lot was valid. Act, ss 94, 95; Standard Module 2008, ss 64-76 and 80-97

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

BY-LAWS – whether there is a dispute between owners about a claimed contravention of a scheme by-law. NUISANCE – whether the respondent is subject to section 167 of the Act; whether the respondent could be found to have caused a nuisance or interfered unreasonably with an owner’s use and enjoyment of a lot. MAINTENANCE – whether an owner has satisfied the person’s statutory maintenance obligation. Act, ss 152, 167, 185; Accommodation Module, s 201

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.

RECORDS – whether records are protected by legal professional privilege – whether the records must be provided to the applicant. Act, s 205

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

GENERAL MEETING MOTION – where the applicant sought approval to install a chairlift on common property stairs – whether the motion was incorrectly ruled out of order – whether the motion should be deemed passed. Act, s 270(1)(d)

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.