Decisions table

Amendment of sinking fund budget and election of committee at AGM – whether valid. Standard Module, ss 13-28, 96, 140; new Standard Module, ss 13-38, 117, 161

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 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.

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.

BY-LAWS – REASONABLENESS – where by-law requires rubbish bins to be kept in lots or in an authorised area on common property – where bins were authorised to be kept in an area of common property – where committee revoked authorisation and required bins to be kept in lots – where lot owner says lot’s garage is unsuitable because it is too small and unventilated – whether lot occupier entitled to keep bins on common property – whether committee acted unreasonably in requiring bins to be kept on lot. Act, ss 94(2), 100(5)

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

• Michelle Bradshaw lot owner
• Stephen Cooke lot owner
• The Owners – Strata Plan No 91905 owners corp

Leave to appeal was not granted and the appeal was dismissed; the Tribunal's appointment of Bright & Duggan Pty Ltd as compulsory strata manager was upheld because the appellant failed to provide required documentation under section 237(4) of the Strata Schemes Management Act.

CHANGE OF FINANCIAL YEAR – whether an order should be made 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.

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.

BY-LAWS – whether a by-law applies in the circumstances; whether the Body Corporate has power to enforce the by-law, whether the Body Corporate acted reasonably enforcing the by-law. Act, ss 35, 59, 94, 95, 152, 166, 169, 182, 184; Standard Module, ss 187

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

• Jane Huang lot owner
• Andy Giang lot owner
• The Owners Strata Plan No. 65865 owners corp

The Owners Corporation was ordered to pay the applicants $7,730.00 compensation for loss of rent due to failures to repair common property affected by water leaks.

APPLICATION FOR INTERIM ORDERS – whether the body corporate should be prevented from giving effect to a motion to re-appoint its body corporate manager pending final orders because owners were not presented with at least 2 quotations as a group of same-issue motions. Act, s 279(1); Standard Module, ss 81(1), 173.

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

Unauthorised improvements to common property; alleged by-law breaches – whether interim order necessary. Act, ss 154, 170, 171, 183, 279; Standard Module, ss 184, 187

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

IMPROVEMENT – BREACH BY-LAWS – whether the respondent breached a by-law that requires an owner to seek approval for an improvement on common property, and should be ordered to remove a shed – whether the respondent inherited the by-law breach – whether the body corporate acquiesced to the improvement – whether the committee acted reasonably in seeking the shed’s removal. Act, ss 59(2)(b), 66(1)(e), 94(1) & (2), 100(5), 182(1) & (5), 184.

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. Commercial Module, s 40

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

BY-LAW – where a motion to amend exclusive use by-laws failed to be passed as a resolution without dissent – whether the current by-laws are valid – whether the result of the motion should be overturned. Act, ss 163, 180

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.

BODY CORPORATE RECORDS – whether the body corporate breached the Act by failing to provide copies of body corporate records to the applicants; whether the records should now be provided. Act, s 205; Accommodation Module, s 221.

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

FINANCIAL YEAR – whether to change the end date of 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.

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.

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.

ANNUAL GENERAL MEETING – whether to approve a late AGM. Accommodation Module, ss 72(1), 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. Small Schemes Module, s 33

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

RESOLUTION OF THE BODY CORPORATE – validity of resolution MAJOR SPENDING BY THE BODY CORPORATE – Requirement for approval by general meeting & for lot owners to be given at least 2 quotes section 173 Standard Module.

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 Lenah Game Meats (2001) 208 CLR 199 Act, ss 276, 279. Accommodation Module, ss 102, 142

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

LAND LAW – Strata title – Appointment of compulsory strata managing agent – Limited to functions – Appointment of existing strata managing agent

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

GENERAL MEETING – whether the committee could reject votes cast at a general meeting after the meeting had closed; whether the results declared by the person chairing the general meeting could be changed after the meeting had closed; whether there are grounds to reject a vote cast at a general meeting.

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

• Martin Gisks lot owner
• The Owners - Strata Plan No. 6743 owners corp

The proceedings were dismissed as the applicant failed to establish that the owners corporation unreasonably refused consent to install solar panels on the garage roof, as the applicant did not provide sufficient technical information, expert evidence, or details required under the statutory provisions.

INTERIM ORDER – whether an interim order is warranted. Act, s 279

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

• Olivera Kencevski lot owner
• The Owners Strata Plan No. 488 owners corp

The Tribunal ordered that the respondent pay the applicant's costs as agreed or as assessed, finding that the rejection of the Special By-law lacked a tenable basis in fact or law and the proceedings were necessitated by the respondent's unreasonable refusal.

INTERIM ORDER – whether an interim order is warranted. Act, s 279

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

ADMINISTRATOR – where body corporate does not have a committee – whether to appoint administrator to call and hold a general meeting. Act, ss 278, 301

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.

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.

DAMAGE TO COMMON PROPERTY BY-LAW CONTRAVENTION NUISANCE – S\_ection 167 Act\_ AUTHORITY OF BODY CORPORATE TO CARRY OUT WORK OF OWNERS AND OCCUPIERS\_- Section 161 Act, Section 212 Standard Module Regulation\_

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

RECORDS – where the applicant seeks a copy of specific correspondence to the body corporate – where it was not found in a search of the records – whether the document exists – whether the body corporate has failed to provide access to the records. Act, s 205

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

BODY CORPORATE RECORDS – lot owners requested access to body corporate records – body corporate had and still has no formal committee – records were and are informally kept by a lot owner and an accountant – whether a body corporate can be found to have failed to have taken an action if there was no committee to act for it – whether Body Corporate contravened obligation to comply with the access request – whether appropriate to make order against a body corporate with no committee to carry out the order – whether to order the Body Corporate to give access to records. Act, ss 205; 100(4)

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.

• Andrew Mark Sinnett lot owner
• The Owners - Strata Plan No. 92002 owners corp

The Tribunal ordered reallocation of unit entitlements in Strata Plan No 92002 in accordance with the proposed unit entitlements based on the valuation report, finding the existing allocation unreasonable.

INTERIM ORDER – whether interim order is warranted. Act, s 279

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

GENERAL MEETING – whether opposition to a motion requiring a resolution without dissent is unreasonable. DISPUTE – whether there is a dispute between a committee member and the body corporate. Act, ss 276(1) and (3), Schedule 5 Item 10.

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.

APPLICATION FOR INTERIM ORDERS – whether the committee should be prevented from paying gardening invoices that arguably should be performed by the caretaker under the terms of its engagement until it can be determined whether the committee is acting unreasonably and contrary to the resolutions of the body corporate. Act, ss 94, 100(5), 101(2), 279(1), 310; Standard Module, s 135(2)(a).

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

• The Owners – Strata Plan No 3004 owners corp
• Ross Harold Smith lot owner
• Jennifer Ann Smith lot owner

The application to extend time for filing the Notice of Appeal was refused and the appeal was dismissed due to substantial delay (5 months), lack of adequate explanation, and the respondents' vested right to retain the benefit of the original decision.

• Benjamin Antoniak lot owner
• Khoa Nguyen lot owner
• The Owners – Strata Plan No 71808 owners corp

The Appeal Panel refused leave to appeal and dismissed the appeal, upholding the Tribunal's decision that no special order for costs should be made despite the appellants' successful claim for appointment of a new strata manager.

Owners Corporations; Costs

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

Structural repairs to balconies of Lot – whether resolution unable to be implemented should be rescinded; whether body corporate obliged to obtain quotes from particular builders nominated by applicant Small Schemes Module, s 55

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.

• The Owners – Strata Plan No 4159 owners corp
• Dianne Wolff lot owner

The appeal against dismissal of the transfer application was dismissed; the Tribunal's refusal to transfer proceedings to the District Court on grounds of apprehended bias was upheld as correct.

IMPROVEMENT TO COMMON PROPERTY WHETHER APPROVAL GRANTED BY BODY CORPORATE CONDITIONS OF APPROVAL

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. Small Schemes Module, s 33

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