Decisions table

• The Owners – Strata Plan No 79633 owners corp
• Ms V Graorovska lot owner

The owners corporation was ordered to complete specified repair works to the lot including full replacement of the en suite and main bathroom, replacement of timber decking, repair of front porch flooring, and investigation and waterproofing works to the lower bedroom, with access to be granted on 48 hours notice and works to be completed by 28 February 2021 in a proper and workmanlike manner.

ADMINISTRATOR – whether the body corporate is so dysfunctional that an administrator is required on an indefinite basis until the applicant sells her lot. REIMBURSEMENT FOR A DIVIDING FENCE – whether the body corporate must reimburse a neighbour half the cost of replacing a dilapidated dividing fence. Act, ss 4(a), 31, 311(1); Standard Module, ss 180(1); Neighbourhood Disputes (Dividing Fences and Trees) Act 2011, ss 28, 32, 35(1)(c).

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

INTERIM ORDER – whether interim orders are warranted.

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.

BY-LAWS – where body corporate passed motion to record new by-law concerning use of security access – where lot owner alleges the by-law is unreasonable – whether to invalidate by-law. Act, s 180(7)

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. Accommodation Module, ss 44, 58

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

INTERIM ORDER – whether the circumstances warrant the making of an interim order; MAINTENCE – whether the common property garden should be maintained.

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

MAINTENANCE UNDER BUILDING FORMAT PLAN – whether the body corporate must perform works to common property to reduce building movement that has caused cracking to external walls. Act, ss 10(2)(b), 20, 281; Standard Module, ss 180(1), 211(3); Land Title Act 1994, ss 48C, 49C(4).

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

EMERGENCY – SPENDING – where common property roof membrane is leaking and causing water ingress to apartment – where quotations for repairs exceed the relevant limit for committee spending – whether emergency exists to authorise committee spending without ordinary resolution. Act, s 243A; Accommodation Module, s 162(1)(c)

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

GENERAL MEETING – whether a resolution resulting from a motion authorising roof repairs should be voided- where quotes above the relevant limit for major spending – whether 2 quotations required to be presented to a general meeting Act, ss 94(2), 100(5), 101(2), 279(1); Small Schemes Module 2008 s 86, Schedule – Dictionary.

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

ELECTRICITY SUPPLY – where the body corporate disconnected the applicant’s electricity pending a $3,000 bond and compliance with rules – whether the disconnection is within the power of the committee. Act, ss 94, 97

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.

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.

BODY CORPORATE – whether the body corporate acted reasonably; whether the body corporate had a duty to maintain a door and its associated fittings in good condition; whether the body corporate had maintained a door and its associated fittings in good condition. Act, ss 94, 152; Accommodation Module, s 170

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.

BODY CORPORATE – whether the body corporate has the power to decide whether an occupier can place a doormat on common property. OBLIGATION OF BODY CORPORATE TO ACT REASONABLY Act, ss 35, 94(2), 100(5).

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

BODY CORPORATE – whether the body corporate has the power to decide whether an occupier can place a doormat on common property. OBLIGATION OF BODY CORPORATE TO ACT REASONABLY Act, ss 35, 94(2), 100(5).

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 attempting to recover the cost of cleaning the façade of the building + legal costs from the applicants pending final orders; where the applicants deny that they dirtied the façade and there are questions about the body corporate’s power to recover the amount. Act, ss 36(1), 229, 229A, 279(1), 281.

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

Maintence – liability for repairs to fence dividing common property from a lot- Neighbourhood Disputes Resolution Act 2011 and subsection, 311(3) Body Corporate and Community Management Act 1997.

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

IMPROVEMENT – where the applicant has sought permission to install screens doors – whether this is an improvement to the lot or common property – whether the body corporate committee acted unreasonably in refusing approval. Act, ss 94(2) and 100(5)

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

BY-LAWS – whether a dog is being kept at the scheme in contravention of the by-laws and ought to be removed. Act, s 59.

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

• Natalia Trentelman lot owner
• The Owners – Strata Plan No 76700 owners corp
• Registrar General of New South Wales government

The Court of Appeal dismissed the appellant's appeal and upheld the primary judge's finding that the Owners Corporation established proprietary estoppel warranting an easement for use of the swimming pool on lot 53.

• J's Absolute Services Pty Ltd manager
• The Owners – Strata Plan No 67246 owners corp

Appeal allowed and the costs order made against the appellant at first instance was set aside; each party to bear their own costs.

BY-LAW - whether body corporate by-law oppressive or unreasonable – whether unreasonable to prohibit pets from lifts in a high rise building & require that they be transported via a fire escape Act, ss 100(5), 169, 269(3), 276(1).

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, ss 104, 227(2); Standard Module, s 83.

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

Correction of Error in Community Management Statement. Act, ss 62, 276 Marrakesh [[2019] QBCCMCmr 58](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2019/58.html "View Case")

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 an extension of time for the annual general meeting to be held Standard Module s 83;

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

COSTS — Security for costs — Whether security should be ordered against an Owners Corporation

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

GENERAL MEETING MOTION – where the body corporate considered motions about the retention or closure of a car wash bay on common property – whether the motions should have been considered as a motion with alternatives – whether the closure of the car wash bay breaches the development approval for the scheme. Accommodation Module 2008, s 70

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

BY-LAWS – whether the body corporate has acted to enforce its by-laws; whether the body corporate has enforced its by-laws in the way provided under the Act; whether the respondents have contravened a by-law; whether the body corporate has acted reasonably enforcing its by-laws. Act, ss 94, 100, 182.

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

BY-LAWS – whether a screen erected with the permission of the body corporate on an area of common property used for manoeuvring vehicles is creating an obstruction contrary to the by-laws; whether the body corporate must enforce the relevant by-law against the owners who installed the screen; whether the resolution approving the screen should be enforced or is invalid; whether the screen should be removed; whether the respondent should reimburse the applicant’s conciliation and adjudication application fees. Act, ss 94(1)(b), 101(2), 182, 280; Small Schemes Module, ss 17(1)(d), 46(1)(a)(i), 55.

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

COMMITTEE APPOINTMENTS – where a general meeting purported to appoint joint chairpersons – where a candidate was purportedly appointed as chairperson and ordinary member – whether the appointments were valid – whether the committee is valid. Accommodation Module, ss 27, 28

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

GENERAL MEETING MOTIONS – whether committee explanatory material improperly affected the outcome of voting on a motion submitted by the applicant – whether two other motions submitted by the applicant were incorrectly ruled out order – whether the motions should be reconsidered by the body corporate – whether there are issues with the body corporate’s expenditure on building investigations and work. Act, s 94(2); Accommodation Module 2020, ss 80, 88, 162

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

Owners Corporation

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

whether a body corporate should be ordered to supply access cards to the applicant so the employees of his tenant may park on common property – whether there are serious questions of law and a triable case exists – Act, ss 269(3)(a)-(c), 276 Land Title Act ss 54A(1) and 54A(3)

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

GENERAL MEETING – whether a motion on the meeting agenda is void; whether it is just and equitable in the circumstances to void a resolution passed by the body corporate because of a contravention of the Act. Act, ss 94, 95, 100, 152; Commercial Module s 127 (before 1 March 2021 2008 Commercial Module, s 115).

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

VOTING – where count of votes on motion did not include vote purportedly sent by post by applicant – where body corporate says voting paper was never received – where vote tied and therefore motion failed to pass – whether vote validly cast – whether to declare motion passed Standard Module, ss 105, 221

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

BY-LAWS – APPROVAL – where lot owner’s installation failed to gain approval at AGM or by adjudication – where owner submitted another AGM motion and won approval – where body corporate simultaneously seeks order for removal of installation based on earlier refusal – whether to order installation be removed. Act, s 276(1)

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.

INTERIM ORDER – where previous adjudication declared motion to extend caretaker’s agreement was passed – where body corporate then called an EGM to propose a motion to rescind the earlier motion – whether body corporate obliged to implement the earlier motion – whether later motion is misleading or unreasonable – whether to grant interim order Act, ss 99, 100(5), 101

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.

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 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. Standard Module, ss 184, 187

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 change an exclusive use by-law – where the motion failed to achieve a resolution without dissent – were the dissenting voters now support the motion – 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.

MAINTENANCE OF COMMON PROPERTY – where common property subject to a drainage easement was no longer draining as intended; whether the body corporate was responsible for correcting the levels of the area; whether the body corporate should reimburse the applicants their costs incurred correcting the drainage of common property and repairing the water-damage to their property. Standard Module, ss 180(1), 211(3).

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.

NUISANCE – whether the respondent has caused a nuisance BY-LAWS – whether an order should be made to prevent future contraventions of the by-laws. Act, s 167, 184.

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

• The Owners - Strata Plan No. 36613 owners corp
• Deborah Doherty lot owner
• Rajiv (Rahu) Parrab lot owner

The owners' appeal was allowed and the owners corporation's appeal was dismissed; the owners corporation was ordered to undertake balustrade repair works to comply with the National Construction Code within four months, and the timetable for fencing and landscaping works was varied.

POWER TO ENTER LOTS – whether the body corporate may enter a lot and affix a mast climber to it to facilitate work to other lots. Act, ss 94(2), 100(5), 163.

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