Decisions table

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.

COSTS – party/party – claim based on alleged promises about future access to property – where plaintiff did not fully articulate a claim for proprietary estoppel

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.

COSTS – Costs assessment – Determination – Order for costs to be paid forthwith and specified as a gross sum – Determination of the gross sum

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.

PRACTICE AND PROCEDURE – application to amend List Response to allege proceedings out of time – whether building contract made date in Certificate of Practical Completion conclusive as to when completion took place

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.

AGM RESOLUTIONS; AGM VOTING – whether votes were correctly excluded from or included in the count; whether motions were correctly decided. Act, s 227(1); Accommodation Module, s 37; Body Corporate and Community Management (Accommodation Module) Regulation 2008, ss 70(3), 84(2)(b).

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

EMERGENCY – where ceiling of part of the common property is at risk of collapse – where committee seeks an order authorising emergency expenditure or alternatively a shortened notice period to call an EGM – whether to make order. Act, s 243A

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 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.

• 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 by the lot owners against the Tribunal's decision imposing a special levy of $980,000 and appointing a compulsory strata manager was allowed, with orders set aside and proceedings remitted for redetermination.

ANNUAL GENERAL MEETING – whether to extend the time for holding an annual general meeting. Act, s 104; Standard Module, ss 82(1), 83, 162(2).

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

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.

COMMITTEE RESOLUTION; AGM RESOLUTION – whether a general meeting motion proposing expenditure on maintenance above the relevant limit for major spending must give owners 2 quotations both for the substantive work and for a project manager to oversee it; whether there is any utility to orders after the AGM has been held and the disputed motion has failed. Standard Module, s 173.

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

BODY CORPORATE RESOLUTIONS – where the committee resolved to adopt a policy regarding deliveries and removals at the scheme – where the resolution was ratified at a general meeting – where the applicant disputes the decisions – whether the decisions should be invalidated. Act, ss 94, 100; Accommodation Module 2020, ss 44, 88

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

IMPROVEMENT – where the respondent has installed an awning structure at the front of his lot – whether the structure has been installed without approval, or contrary to the conditions of approval – whether the structure has been installed in breach of the by-laws – whether the structure encroaches onto common property without approval. Act, ss 94, 163; Accommodation Module, ss 177, 202

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

Whether utility infrastructure installed in lot should be removed; whether improvement to lot was authorised; whether body corporate has the benefit of a statutory easement; whether application fees should be reimbursed. Act, ss 68, 280 Land Title Act 1994 (Qld), s115P

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

• Diane Taylor lot owner
• The Owners Strata Plan No 53919 owners corp

The application was dismissed as the Tribunal found it had no power to make orders against persons not named as parties and could not overturn the committee decision even if members had breached their disclosure obligations under Clause 18.

RECORDS – where the applicants seek details about long term tenants at the scheme – where the body corporate supplied the roll – where the roll contained limited tenant information - whether the body corporate has failed to maintain and provide access to its records. Act, s 205; Accommodation Module 2020, ss 212, 213, 222

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