Decisions table

EMERGENCY – GENERAL MEETING – NOTICE – where body corporate has been issued notices by QFES to rectify non-compliant common property – where committee seeks authority to call EGM on shortened notice in order to meet QFES notice deadline to commence works. Act, s 243A; Accommodation Module, s 81

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

ADMINISTRATOR – whether an administrator should be appointed – who should be appointed, with what powers, and for how long. Act, ss 276, 278, 301

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

APPLICATION FOR INTERIM ORDER – whether the body corporate should be prevented from carrying out any further waterproofing or drainage works, predominantly to the balconies of lots, until a final determination can be made as to whether the work adequately meets the body corporate’s maintenance responsibilities, whether some of it should be done by lot owners, whether it requires general meeting approval, and whether it ought to be funded from the sinking fund. Act, ss 20, 94(2), 100(5), 279; Accommodation Module, ss 159, 162, 170, 201.

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.

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.

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.

AGM PROCEDURES & RESOLUTIONS – whether an AGM was invalid because there was no committee resolution to call it or set the agenda; - whether various motions should have been included on the agenda – where motions not submitted by the committee or lot owners MAINTENANCE – responsibility for maintenance under a building format plan Act, s 97; Accommodation Module ss 72, 76, 83

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

• The Owners – Strata Plan No 76700 owners corp
• Natalia Trentelman lot owner

Application to extend time to appeal the Tribunal's costs decision was dismissed due to extraordinary delay of over two years with no adequate explanation, despite the appeal having good prospects of success.

DISPUTE – whether the claimed dispute is about matters other than the respondent not signing a development application under the Planning Act 2016; whether the applicant had to seek body corporate authorisation under the Act before making modifications to common property; whether the applicant sought body corporate authorisation under the Act; whether informal communications between the applicant and the respondent satisfied the requirements of the Act; whether there is a dispute to be resolved about a claimed or anticipated contravention of the Act or the scheme’s community management statement, or about the exercise of rights or powers, or the performance of duties, under the Act or the CMS. Act, ss 94, 170, 171; Standard Module, ss 184, 187.

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. Standard Module, s 83.

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

Waiver of legal professional privilege No 2

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

COMMITTEE DECISION – whether the committee did not act reasonably when it proposed a motion to the annual general meeting to install speed humps in the scheme’s driveway – whether the body corporate properly administered the common property SPEED HUMPS – whether speed humps installed on common property should be removed. DISABLITY – whether claims the applicant was treated differently to other occupants because of her back disability – relevance of Disability Discrimination Act 1992 (Cth). Act, ss 94, 100(5), 152, 252E(5); Disability Discrimination Act 1992 (Cth), ss 4(1), 5, 11.

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

• John Thomas Strang lot owner
• Janette Strang lot owner
• The Owners - Strata Plan No. 92709 owners corp

The application was dismissed; the Tribunal found that exclusive use by-laws 130-139 validly shift responsibility for repair and maintenance of the air conditioning system to the lot owner, and the owners corporation has not failed in its obligations regarding common property.

Retaining wall – responsibility for cost of replacement. Standard Module , ss 180, 192.

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

Whether body corporate spending can be from the sinking fund; whether the body corporate has maintained common property in good condition; whether works approved by the body corporate are maintenance of common property or improvements to common property. Act, ss 94, 150, 152.

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

EMERGENCY EXPENDITURE – whether the body corporate committee should be authorised to exceed its spending limit without the authority of an ordinary resolution to repair structural and waterproofing damage to a lot that has caused hazardous mould in a neighbouring lot. Act, ss 243A(1)(a); Standard Module, ss 91, 172, 173.

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

APPLICATION FOR AN INTERIM ORDER – MOTIONS FROM AN ANNUAL GENERAL MEETING – whether the respondent should be prevented from acting on 5 motions from the annual general meeting – spending limits – whether there are serious questions of law and the balance of convenience falls in favour of the applicants – whether the nature or urgency of the circumstances require an order to be made. . Accommodation Module, ss 163, 186(2).

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.

Permission to hold AGM outside of legislative time frame\_.\_ Accommodation Module, s 73

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

Validity of EGM RESOLUTIONS– whether resolutions to undertake repairs to exterior of lots are valid. MAINTENANCE – Standard Format Plan of subdivision Standard Module, ss 180, 211 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.

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.

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.

APPLICATION FOR AN INTERIM ORDER – MOTIONS FROM AN ANNUAL GENERAL MEETING – whether the respondent should be prevented from acting on 10 motions from the annual general meeting – whether there are serious questions of law and the balance of convenience falls in favour of the applicants – whether the nature or urgency of the circumstances require an order to be made. . Act, ss 94(2); Accommodation Module, ss 112(2)(a), 129(2), 138(2).

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

ALTERATION TO A LOT – where a by-law requires body corporate approval for changes to the appearance of a lot - where the respondent installed grey tiles on her terrace without body corporate approval – whether the respondent breached the by-law – whether the tiles should be replaced. Act, s 94

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.

DECLARATORY ORDER – ANNUAL GENERAL MEETING – where annual general meeting is to be held more than three months after end of the 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.

ADMINISTRATOR – whether to appoint an administrator to act for the body corporate. Act, ss 276, 278 and 301\_.\_

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 83 \_Body Corporate and Community Management (\_Standard Module) Regulation 2020

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

FIRST ANNUAL GENERAL MEETING – whether an administrator should be appointed to call and hold the first annual general meeting for the scheme. Act, s 301; Standard Module, s 94

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

Costs; 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.

PET DOG – COMMITTEE DECISION – REASONABLENESS – where by-law requires committee approval to keep a pet – where committee refused lot owner’s request to keep a dog – where committee cites other owners’ opposition to keeping pets – whether committee decision was unreasonable – whether to deem applicants have approval to keep a dog. Act, s 100(5)

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

INTERIM ORDER – where committee passed motions to demolish parts of common property – where owner says the works are unnecessary and otherwise require a general meeting resolution – where works are scheduled for the day after the application – whether to make interim order to halt the works. 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 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.

Building and Property

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.

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.

• Peta Athens lot owner
• The Owners – Strata Plan No. 47035 owners corp

The Tribunal ordered by consent that the owners corporation undertake specified remedial works including installation of a canopy and screen and repairs to address water penetration to Lot 42 within 6 months, but dismissed the application to appoint a compulsory strata managing agent.

• Veronica Mastellone lot owner
• The Owners-Strata Plan No 87110 owners corp

The appeal was allowed and the owners corporation was ordered to repaint the ceilings in the bedroom, kitchen and living areas of the lot owner's property within 30 days, as the owners corporation breached its duty to maintain the roof under s 106(1) of the Strata Schemes Management Act, causing water damage to the internal ceilings.

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.

IMPROVEMENTS TO LOT - where owner of lot undertook works and converted a lot previously used for commercial purposes into a residential lot – whether two motions from a general meeting should be invalidated - where occupiers of other lots were previously permitted to access the lot Act, ss 94(2), 100(5), 269(3), 276(1), 279(1); Accommodation Module 2008, ss 85, 86, 105(4).

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

EGM MOTION –whether motion was unenforceable and/ or unlawful, and therefore should have been ruled out of order by the person chairing the meeting pursuant to section 79(1)(a)(ii) of the Accommodation Module BODY CORPORATE RESOLUTION – obligation of body corporate committee to put AGM resolutions into effect - section 101(2) of the Act

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

APPLICATION FOR AN INTERIM ORDER – ANNUAL GENERAL MEETING – ELECTION OF COMMITTEE – whether committee members elected at the annual general meeting should be prevented from undertaking their roles in the interim – allegation the caretaking service contractor interfered with the voting process – whether there are serious questions of law and the balance of convenience favours the case advanced by the applicant – whether the nature or urgency of the circumstances require an order to be made. Act, ‘Schedule 2 Code of conduct for body corporate managers and caretaking service contractors’; Accommodation Module, 142(4).

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

BODY CORPORATE RECORDS – whether the body corporate must give an owner copies of 108 body corporate records. Act, s 205; Accommodation Module, s 222(1)(b); Acts Interpretation Act 1954, ss 32E, 39.

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

INTERIM ORDERS – BY-LAWS – where body corporate passed motion to record new by-law concerning security access – where lot owner alleges the by-law is unreasonable – whether to grant interim order to stop implementation of motion. Act, s 279(1)

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); Standard Module, s 83.

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

DISPUTE – whether a dispute existed about a body corporate decision when the application was made; whether that dispute still exists. Act, ss 270, 276\_.\_

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

• The Owners – Strata Plan No 31244 owners corp
• Beau Lyon lot owner
• Yu Ren lot owner

The application to extend time to appeal was dismissed because the appellant failed to provide adequate explanation for the three and a half month delay in filing the appeal, had negligible prospects of success, and the new evidence sought to be relied upon was not shown to be unavailable at the time of the original hearing.

EGM PROCEDURES & RESOLUTIONS – whether an EGM was invalid because there was no committee resolution to call it or set the agenda; whether a motion to engage a law firm should have presented owners with a choice between at least 2 quotations; whether a motion authorising a committee member to instruct the law firm without consultation with other owners invalidly sought to delegate the body corporate’s powers; whether the body corporate should be prevented from paying the law firm until it has been properly engaged by resolution of the body corporate. Act, s 97; Standard Module, ss 55, 68(1), 82(1), 93, 116, 173.

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

MAINTENANCE – where the body corporate failed to pass general meeting motions to repaint the scheme – whether the body corporate failed to act reasonably. Act, s 94; Accommodation Module 2020, ss 170, 201

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