Decisions table

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.

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. Commercial Module, s 40

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.

• Y E Holdings Pty Limited lot owner
• Keywi Pty Ltd lot owner
• McMatric Investments Pty Ltd lot owner
• The Owners - Strata Plan No. 80877 owners corp

The applicant lot owners' proceedings were dismissed on 4 May 2021, and the tribunal ordered that the applicants pay the respondent's costs as agreed or assessed, finding special circumstances warranted a costs award due to the applicants abandoning substantial parts of their claim and the proceedings lacking tenable basis in fact.

Whether secret ballot vote submitted during AGM was submitted after the votes were counted and should be invalidated. Act, ss 101(2), 108, 242; 2008 Accommodation Module, ss 87, 88, 89, 112

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

VALIDITY OF REQUESTED EGM – whether an EGM requested by owners was valid where a committee member other than the secretary called the meeting at the request of only 1 of the owners who signed the original request for an EGM, owners were given less than 21 days’ notice of the EGM, no physical meeting was held, all votes were cast by secret ballot paper, and lot owners’ details were printed on the secret ballot paper in some instances. Standard Module, ss 84, 85, 91, 92, 104, 108; Acts Interpretation Act 1954, ss 38(1)(a), 39A(1)(b).

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

BODY CORPORATE RECORDS – whether the body corporate must provide an owner with a copy of a body corporate bank statement upon request. Act, s 205; Standard Module, s 233(1)(b).

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

APPLICATION FOR AN INTERIM ORDER – whether a body corporate should be required to permit a pet dog (Charlie) to travel in lifts with it’s owners – whether there are serious questions of law and the balance of convenience falls in favour of the applicants –request that the dog be permitted to travel in the scheme lifts pending a decision on the application for final orders. Act, ss 100(5), 169, 269(3), 276(1), 279(1).

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 a by-law; whether the body corporate has enforced the by-law in the way provided under the Act; whether the body corporate has acted reasonably. Act, ss 94, 95, 100, 166, 182.

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 decision about the applicant’s proposal to make an improvement to common property is an unreasonable decision. Act, ss 94, 100; Standard Module, ss 187, 193.

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

VOUTE OUTSIDE COMMITTEE MEETING – whether the circumstances call for the meeting to be voided – effects of non-compliance with notice requirements of meeting – ratifying earlier decisions made by committee composed of different members. GENERAL MEETING – whether an extraordinary general meeting of the body corporate should be voided – whether the meeting was lawfully called – whether prejudice is proved that requires intervention – whether only ‘minor’ non-compliance can be excused. Accommodation Module 2008, ss 45, 54, 55, 63.

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.

FINANCIAL YEAR – whether an order should be made to change the body corporate’s financial year. Act, s 283.

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

ANNUAL GENERAL MEETING – where scheme has never held an annual general meeting – where lot owner requests order to deem proposed AGM as first AGM – where other owners consent ADMINISTRATOR – where body corporate does not have a committee – whether to appoint administrator to call and hold AGM. Act, ss 278, 301

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

DISPUTE – whether a body corporate decision was made on a motion proposed for consideration by the body corporate in general meeting; whether a dispute exists about a motion proposed for consideration by the body corporate in general meeting. Act, ss 270, 276(1)

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

APPLICATION FOR AN INTERIM ORDER – PET APPLICATION – whether a body corporate should be required to permit a pet dog (Diesel) to live in the scheme pending a final order – 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(1)&(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 works on common property that will obstruct the entrance and exit to a shopping centre carpark pending final orders; whether the decision to commence the work was a restricted issue for the committee; whether the committee acted unreasonably by failing to consider the impacts upon the applicant or alternative means of performing the works; whether the body corporate complied with the spending controls in the legislation. Act, ss 15, 35(1), 94(1)(a), 100(5), 279(1); Accommodation Module, ss 44(1)(b), 125(c)(i), 162, 164, 170(1).

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.

INTERIM ORDER – where lot owner’s motion to keep a dog was defeated – whether to grant interim order to allow dog to be kept on the scheme pending final determination Act, s 279

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
• Strata Plus Pty Ltd manager

Strata Plus Pty Ltd appointed as managing agent to arrange payment of judgment debt of $87,786.50 within 3 months and to engage an auditor to conduct a comprehensive audit of the owners corporation's finances within 28 days.

BODY CORPORATE – whether the body corporate acted reasonably; whether a body corporate decision is an unreasonable decision. 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.

COMMITTEE SPENDING – where purported spending by the committee exceeded the relevant limit for major spending- circumstances where spending beyond relevant limit for committee spending can be subsequently ratified by a general meeting.

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 Standard Module, s 83

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

BY-LAWS – whether opposition to a motion proposing a new by-law was unreasonable - Whether a motion proposing a by-law banning dogs and cats should be deemed carried. Act, ss 94, 169, 180, 276,

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

MAINTENANCE – where the body corprate has organised substantial rectification works at the scheme which require the building to be vacated – whether the respondents should be required to vacate their lot and scheme land – whether urgent circumstances exist. Act, ss 163, 243A, Standard Module, s 180

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.

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.

GENERAL MEETING – where a general meeting was purportedly called at the request of owners – whether the meeting was valid – where the committee purportedly resolve to call different general meeting – whether the body corporate should be required to call that meeting. Accommodation Module, ss 74, 75, 81, 83

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 as the appellant failed on all grounds, upholding the Tribunal's refusal to admit expert evidence on mould due to non-compliance with Procedural Direction 3.

COMMON PROPERTY – whether an owner has made an improvement to common property; whether the Body Corporate has authorised the improvement; whether common property has been disposed of; whether the Body Corporate has authorised the disposition of common property; whether an owner or occupier has damaged trees and plants on common property BY-LAWS – whether the respondents have breached by-laws COSTS – whether the applicants should be refunded application fees for conciliation and adjudication. Act, ss 59, 62, 94(1)(b), 170-177, 182, 183, 185(2), 269, 271, 280, Schedule 1A 2(2), 6; Standard Module, s 180, 187.

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

PROPERTY DAMAGE – whether the body corporate is responsible for damage to the ceiling of a lot because it failed to maintain the common property roof in good condition. Act, ss 280, 281; Accommodation Module, ss 170(1), 201(3); Land Title Act 1994, s 48C.

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.

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 – WHETHER A MOTION SHOULD BE VOIDED –PROSECUTION UNDER SECTION 29 OF THE ACT – whether a resolution resulting from a motion should be voided – motion authorised the prosecution of a lot owner under section 29 of the Act for failing to properly advise the body corporate of its intention to apply for a development approval that changed the nature of the scheme – whether an order should be made to require the body corporate to seek adjournment of its proceeding, pending the outcome of this dispute – 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, ss 29, 205.

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

EMERGENCY ADMINISTRATOR – where the previous appointment of an administrator has ended and an application for a further appointment is pending – where there is no committee - where the body corporate has been named as a respondent in legal proceedings – whether an administrator should be appointed pending the determination of the related application. Act, ss 243A, 276, 278, 301

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