Decisions table

INTERIM ORDER – whether to make interim order. Act, s 279

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

OBLIGATION OF BODY CORPORATE TO MAINTAIN COMMON PROPERTY MAINTENANCE / IMPROVEMENTS – whether works on common property constitute “improvements” or “maintenance” – where the applicant is concerned about the replacement of screening/balustrading outside his unit – whether the body corporate acted reasonably –Act, ss 94(1) & (2), 100(5), 269(3), 270(1)(c), 276(1), 279(1).Sections 152, 159 Body Corporate and Community Management Act Sections 170 Body Corporate and Community Management (Accommodation Module) Regulation 2020 Palm Springs Residences v J Patterson Holdings Pty Ltd [2008] QDC Finger v Dickie [[2015] QCATA 113](/cgi-bin/viewdoc/au/cases/qld/QCATA/2015/113.html "View Case") Body Corporate for Beaches Surfers Paradise v Backshall [2016] QCATA

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

PRACTICE AND PROCEDURE – stay application – compulsory appointment of strata manager

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

POWER OF ADJUDICATOR TO MAKE ORDERS- Section 276 Body Corporate and Community Management Act 1997 WHEN ANNUAL GENERAL MEETING MUST BE CALLED –section 73 \_Body Corporate and Community Management (\_Accommodation Module) Regulation 2020

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

COMMON PROPERTY – MAINTENANCE – DUTY OF CARE – where common property comprises bushland – where applicant says body corporate must have a bushfire safety maintenance plan – where applicant says body corporate owes a duty of care – where AGM did not include a BSMP motion – whether obligation to administer, manage and control common property includes an obligation to have a BSMP – whether unreasonable not to have a BSMP. Act, ss 94, 159; Standard Module, s 180

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

BODY CORPORATE ASSETS – where a waterfront pathway traverses principal scheme common property, subsidiary scheme common property and subsidiary scheme lots – where the path is burdened by easements for pedestrian access - whether the path is a principal body corporate asset – whether the principal scheme is responsible for maintaining the path – whether a by-law relating to the responsibility for the path is valid. Act, ss 11, 44, 45, 59, 62, 94, 95, 97, 169, 180; Standard Module 2020, ss 180, 188, 189, 190, 191

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

• Con Hatzigeorgiou lot owner
• The Owners – Strata Plan 71571 owners corp

The Appeal Panel ordered that the Respondent pay the Appellant's costs of the appeal on the ordinary basis, finding special circumstances existed under section 60 of the NCAT Act due to the Respondent's failure to engage appropriately in the appeal process despite the natural justice error being apparent.

IMPROVEMENT TO LOT – whether a by-law prohibiting external works to lots without committee approval goes beyond regulation and is therefore invalid; whether the committee acted unreasonably when refusing approval for a proposed extension to the applicants’ home within their lot boundaries given many other lots have been permitted to construct extensions. Act, ss 94(1)(b), 95(1), 100(5), 168(2), 169, 252E(5), by-law 8 of schedule 4; Standard Module, s 71.

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

COMMITTEE DECISION – whether the committee should have approved a structure to enclose the applicant’s lot – whether the committee did not act reasonably – whether the committee made a decision – whether the matter is a ‘restricted issue’ – whether the committee placed too much weight on irrelevant considerations and not on relevant issues. Act, ss 94(1), 94(2), 100(1), 100(5), 252E(5); Accommodation Module 2008, ss 42(1), 162, 167(3); Commercial Module 2008, s 3(3).

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

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

Appeal allowed; the Owners Corporation breached clause 10.2 of the Caretaker Agreement by failing to follow required procedures upon termination, and judgment was entered for the strata manager in the sum of $1,007,896.13 for damages for loss of bargain.

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. Standard Module, s 83.

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

• Michael Turek lot owner
• Louise Turek lot owner
• The Owners - Strata Plan No. 70871 owners corp

The Tribunal granted the applicants a licence to store two 240-litre waste bins in the common property bin room for 10 years subject to a monthly licence fee of $50 and specified conditions.

• Tracey Adendorff lot owner
• Michael Adendorff lot owner
• The Owners - Strata Plan No. 16629 owners corp

The costs applications brought by the Owners Corporation were dismissed as the Tribunal was not satisfied that special circumstances warranting an award of costs existed, despite the Lot Owners being unsuccessful in their substantive claims.

NOTICE OF GENERAL MEETING – whether emergency circumstances exist to warrant shortening the time notice of general meeting is given to owners. Act, ss 227, 229, 243A, 276; Accommodation Module, s 81

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

• The Owners – Strata Plan No 98970 owners corp
• Capitol Property Services Pty Ltd builder
• Lotus Fund No 9 Pty Ltd developer
• Kunyi Qiu party

The freezing order made on 1 June 2021 was extended until 1 December 2021 upon the plaintiff undertaking to give the usual undertaking as to damages and to commence proceedings under s 37A of the Conveyancing Act in relation to the transfer of Lot 2 from Lotus to Mr Qiu.

STANDING – whether the applicant is still a “relevant person” – whether another person should be substituted as the applicant – whether the matter should be dismissed Act, 227(1), 239C, 270(1)(e)

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

GENERAL MEETING CONVENING AND NOTICE PROCESS COMMITTEE MOTIONS FOR EGM EGM MEETING PROCESS COMMITTEE VOTING PROCESS PROXY VOTES FOR COMMITTEE ELECTIONS REQUEST FOR RECORDS. Schedule 1A to the Act Act, ss 101B, Accommodation Module 2020, ss 47, 48, 49, 60, 61, 79, 120

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

• The Owners - Strata Plan No 1813 owners corp
• Sarraf Property Group Pty Ltd lot owner
• Konn Palonis lot owner
• Francis John Keevers lot owner
• Peta Bourke lot owner
• Joanne Fardell lot owner

The Appeal Panel allowed the appeal, set aside the Tribunal's variation of the special levy orders, remitted claims concerning the $980,000 special levy and compulsory strata manager appointment for redetermination, and ordered the respondents to pay the SPG Appellants' costs of the appeal.

Whether owner owed a body corporate debt at time of AGM – debt dispute. Act, s 279A

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

ANIMAL BY-LAW – whether the body corporate has validly refused permission for the applicant to keep a dog in her lot – whether the applicant should be given approval for her dog. Act, ss 94(2), 100(5)

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

GENERAL MEETING – whether a general meeting was validly called – whether motions were validly passed – ROLL – whether committee and owner details are correct. Act, ss 94(2), 270(1)(c); Standard Module 2020, ss 82, 86, 88, 91, 101, 135, 187, 223, 224; Standard Module 2008, s 72

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. 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.

Injunction application

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

• The Owners – Strata Plan No 85561 owners corp
• Omaya Holdings Pty Ltd builder
• Al Maha Pty Ltd developer

The Owners Corporation was entitled to judgment against the builder and developer for $1,212,250 for building defects (flammable cladding and waterproofing) following the builder and developer's default under the settlement agreement in failing to procure HBCF insurance, complete rectification works, and pay instalments.

DECLARATORY ORDER – ANNUAL GENERAL MEETING – where annual general meeting to be held more than three months after the end of the financial year – whether to consent to the AGM being held late 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.

DECLARATORY ORDER – ANNUAL GENERAL MEETING – where annual general meeting to be held more than three months after end of financial year – whether to make an order that permits the AGM to be held late – whether to declare that the AGM will be not be invalid for being held late Standard Module, s 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.

BY-LAWS – whether the noise emanating from the respondent’s lot contravenes the by-laws; whether the respondent should be ordered to comply with former by-laws relating to noise and the behaviour of invitees. Act, ss 59(2)(a), 167.

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

• The Owners - Strata Plan No 68255 owners corp
• Helena Marie Downs lot owner

The Tribunal ordered Ms Downs to carry out reinstatement works to remove alterations and additions to common property and reinstate it to its previous condition within 12 months, but dismissed the Owners' applications seeking orders to prohibit Ms Downs from exclusively occupying the mezzanine level balconies and Level 5 East Area.

• Caitlin McCue lot owner
• The Owners Strata Plan No 3844 owners corp
• Denise Fisher lot owner

The owners corporation was ordered to repair cracks to the common property bathroom wall of Lot 1 by 29 October 2021 and to pay the applicant $1,650 for repair works already performed due to the owners corporation's breach of its duty under section 106 of the Strata Schemes Management Act 2015.

EASEMENTS – whether the electricity meters within the respondent’s lot are subject to an easement in favour of the other lots; whether the easement gives the other owners the right to enter the respondent’s lot to read their meters. Act, ss 20(1), 331(3)(b); Standard Module, s 187; Building Units and Group Titles Act 1980, ss 17, 18.

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

The appeal was dismissed; the Tribunal's decision to refuse to vary levies struck between 2015 and 2018 to reflect a subsequent reallocation of unit entitlements was upheld, as the Tribunal's exercise of discretion did not miscarry.

MAINTENANCE – major works to the roof and ancillary repairs costing over $3 million GENERAL MEETING – whether the committee did not act reasonably in its pre-meeting processes regarding the roofing project – whether the committee misled owners MULTIPLE OTHER ORDERS – calling a new general meeting; new tender process for contractors; new motions for finance options; and others STANDING – whether the applicants are still a “relevant person” COSTS – whether costs should be awarded, relevant considerations Act, ss 94(1)&(2), 100(5), 227(1), 239C, 270; Accommodation Module 2008, ss 148(2)&(3)

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

• Marlene Noella Read lot owner
• Mavis Patricia Read lot owner
• The Owners-Strata Plan No 2533 owners corp

The Appeal Panel refused leave to appeal and dismissed the appellants' appeal against the Tribunal's decision not to invalidate resolutions passed at the AGM held on 11 May 2020, despite finding breaches of the Act regarding notice and chairing of the meeting.

ANNUAL GENERAL MEETING – whether a late AGM will be invalid. Accommodation Module, s 73.

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

Whether interim order allowing dog onto scheme should be granted. Act, ss 94(2), 279

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

ANNUAL GENERAL MEETING – whether a declaration should be made that if the body corporate holds its AGM outside the prescribed legislative time frame, the meeting will not necessarily be invalid. Act, ss 2, 4, 276(1); Accommodation Module, s 73.

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

GENERAL MEETING PROCEDURES – whether the body corporate should be authorised to 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 MOTION – where motions proposed to record a new community management statement to reallocate areas of common property for exclusive use - where the motion failed to achieve a resolution without dissent – where the dissenting voters now support the motions – whether the motion should be deemed to have passed. Act, ss 171, 270(1)(d), 276

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

DECLARATORY ORDER – ANNUAL GENERAL MEETING – where annual general meeting to be held more than three months after end of financial year – whether to declare that annual general meeting will be not be invalid for being held late Accommodation Module s 73

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

VALIDITY OF EGM RESOLUTION AND/ OR RESOLUTIONS OF THE EGM- whether resolutions to engage legal firm to undertake legal work were valid – where work had already been undertaken. 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, s 279;

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.

POWER OF ADJUDICATOR TO MAKE ORDERS- Section 276 Body Corporate and Community Management Act 1997 WHEN ANNUAL GENERAL MEETING MUST BE CALLED –section 73 Body Corporate and Community Management (Accommodation Module) Regulation 2020

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

• Peter McGrath lot owner
• The Owners – Strata Plan No 13631 owners corp

The appeal was dismissed and the application for costs by the respondent was refused, with each party ordered to pay their own costs of the appeal.

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

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

Whether body corporate acted unreasonably in making decision to refuse applicant permission to install air-conditioning compressor on common property Act, ss 35, 68, 94(2), 152; 2008 Standard Module, s 164, Land Title Act (Qld) 1994, s 115O

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

ANNUAL GENERAL MEETING – whether the body corporate is permitted to hold its AGM more than 3 months after the end of the scheme’s financial year. Act, s 104; Commercial Module, s 40.

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

• The Owners – Strata Plan No 89005 owners corp
• Thomas Stromer lot owner
• Simone Stromer lot owner
• Nathan Stromer lot owner
• Farad Electric Co Pty Ltd builder

The court refused the defendants' applications for leave to amend to introduce a limitation defence based on a new construction of the Home Building Act and for leave to file cross-claims against subcontractors, finding the cross-claims insufficiently pleaded and the limitation defence amendment procedurally inappropriate given prior withdrawal.