Decisions table

LAND LAW — Strata schemes — Appointment of compulsory strata manager — Whether grounds for compulsory appointment established

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EXPENDITURE – whether body corporate expenditure is being properly authorised; whether expenditure on items that did not appear in the last budget is permissible. Standard Module, ss 52(1)(f), 69(1)(a), 160, 162, 180(2)(a)(ii).

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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.

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

APPEAL – failure by appellant to provide recording and transcript of proceedings from which appeal is brought STRATA TITLES LAW – exclusive use and enjoyment by appellant of area created by by-law – by-law provided for appellant to be responsible to keep area in good repair – held appellant responsible for cost of maintaining the area.

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BY-LAWS –whether by-law that requires hard floors to achieve a weighted standardised impact sound pressure level of 45 or lower is invalid; whether committee has failed to act reasonably in enforcing by-law. Act, ss 94(2), 101(2), 180(7); Standard Module, ss 72, 73

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GENERAL MEETING MOTION – where the body corporate resolved to extend the caretaking and letting agreements – where the committee did not provide previous legal advice it received to owners – whether the relevant motions were valid – whether there is good reason to waive the time limit for making the application. Act, ss 242, 270(1)(c), 297, 298

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

UTILITY SERVICE CHARGES – where the cost of the supply of water to the scheme has been charged based on contribution lot entitlements – whether the cost should have been charged based on usage. Act, ss 94, 95, 100, 195, 196

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GENERAL MEETING – whether the committee gave proper notice of a motion it proposed to a general meeting; whether a motion is invalid because of the notice given of what was to be considered at the meeting. Act, ss 101, 276; Accommodation Module, ss 80, 162, 163.

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BODY CORPORATE DEBT – whether an amount allegedly owed to the body corporate under a by-law that permits the body corporate to recover certain expenses from owners is a body corporate debt; whether the by-law is valid; whether the applicant can be prevented from voting, nominating someone for election to the committee, or standing for election to the committee; whether the dispute is a debt dispute and therefore beyond the jurisdiction of an adjudicator; whether the applicant is entitled to reimbursement of his application fee. Act, ss 180(1) & (6), 229A, 280; Small Schemes Module, ss 11, 50(2).

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Whether interim order is necessary to prevent motion from being implemented, in the event it is passed at EGM. Act, ss 94(2) 279; Standard Module, s 98

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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 respondent has contravened a by-law. DISPUTE – whether the outcome sought by the application is required. Act, ss 94, 182, 183, 270

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• The Owners - Strata Plan No 87060 owners corp
• Loulach Developments Pty Ltd developer
• Loulach Steel Pty Ltd builder
• Rustom Kudinar-Kwee party
• Jiri Kure party
• Dix Gardner Pty Ltd party
• Lyall Dix party

Leave to amend the Technology and Construction List Statement to add a claim under the Design and Building Practitioners Act 2020 was refused because the proposed pleading failed to identify the specific risks the builder was required to manage and the precautions it should have taken, and the Owners Corporation was given one further opportunity to reformulate the amended statement.

MAINTENANCE – whether the respondent is responsible for maintaining its lot – whether it has failed to maintain its lot in good condition – whether orders are warranted. Accommodation Module, ss 170, 201

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COMMITTEE RESOLUTIONS – whether motions passed by the committee outside a meeting were valid – GENERAL MEETING PROCEDURES – whether a general meeting was validly called – whether votes were validly cast at a general meeting. Act, s 100(5); Accommodation Module 2008, ss 53-4, 84-5, 149-51

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

IMPROVEMENT – where the respondents installed a new hot water system in a different location to the previous system – where the respondents did not have approval for the relocation – whether the respondents required body corporate approval - whether the installation is in breach of the by-laws. Standard Module 2020, s 193

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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.

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

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APPLICATION FOR INTERIM ORDERS – whether the body corporate should be prevented from executing an amended agreement with a service contractor until the validity of the authorising motion may be determined; whether a Form 20 ought to have been circulated to owners with the authorising motion. Act, s 279(1); Commercial Module, ss 30, 91.

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

• The Owners – Strata Plan No. 21367 owners corp
• Nathan James Letchford lot owner

Both applications for civil penalties were dismissed as an abuse of process because they duplicated earlier penalty proceedings that had been finally determined on 22 February 2021.

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 contravened a by-law; whether the body corporate has acted reasonably enforcing its by-laws. COMMON PROPERTY – whether the respondents made changes to common property with body corporate authorisation. BODY CORPORATE – whether the body corporate has acted in owners’ best interests; whether the body corporate has acted reasonably. Act, ss 94, 100, 182; Standard Module, ss 186, 187.

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

• Feride Tezel lot owner
• The Owners – Strata Plan No. 74232 owners corp

The applicant's claim for damages for loss of rent was dismissed due to the respondent's interpretation of the statutory limitation period in s 106(6) of the Strata Schemes Management Act 2015, but consent orders were made requiring the respondent to complete repairs to common property and the applicant's lot by 28 February 2022, and the applicant is not to be excluded from levies for investigation and repairs.

• Jetz Luxury Homes Pty Ltd lot owner
• The Owners - Strata Plan No. 89564 owners corp

The Tribunal dismissed the applicant's proceedings seeking to avoid payment of $2,551.67 in disputed levy charges, finding the applicant liable for arrears notice fees, solicitor instruction fees, and legal costs incurred by the respondent in recovering unpaid levy contributions.

INTERIM ORDER – whether the circumstances warrant an interim order. UTILITY INFRASTRUCTURE – whether utility infrastructure is common property pursuant to section 20 of the Act.

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

NUISANCE – CONTRAVENTION OF SCHEME BY-LAWS CONTRAVENTION OF s.167 ACT, Act, ss 167, 182-188

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BY-LAW CONTRAVENTION Act, ss 182 to 188

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Sinking fund budget – whether set in accordance with legislation. Act, s 94(2); Standard Module, s 162(3)

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MAINTENANCE – whether the principal body corporate or the subsidiary body corporate is the ‘body corporate’ responsible for roofing membranes within lots within a subsidiary scheme Act s 18; Standard Module, s180; Accommodation Module s170

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 three months after the end of its financial year. Accommodation Module, ss 72(1), 73.

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• 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.

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INTERIM ORDER – whether interim orders are warranted. Act, s 279

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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)

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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

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

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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).

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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)

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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.

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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

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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).

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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).

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