Decisions table

APPLICATION FOR INTERIM ORDER – whether the body corporate should be prevented from installing solar panels on the common property until questions about whether the work has been properly authorised by owners may be answered at final orders. Act, s 279(1); Standard Module, ss 172-174, 186.

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.

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.

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.

• Maygood Australia Pty Ltd builder
• The Owners – Strata Plan No 85338 owners corp

The appellant was ordered to pay the respondent's costs of the appeal on the ordinary basis as the respondent was successful in resisting the appeal, with the appellant only achieving a reduction of $5,161.20 on an undisputed point of error.

• Ellen Marie Abraham lot owner
• The Owners Strata Plan No. 61419 owners corp

The Owners Corporation was ordered to make available to the applicant various records and documents including preventative maintenance records, repairs and maintenance records, hazardous goods register, evacuation plans, and access to Mybos computer records that had been wrongfully withheld.

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

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. 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 63731 owners corp
• The Bunker Pty Ltd lot owner

The application by the respondent to summarily dismiss the appeal was dismissed, with the Deputy President finding the appeal was not frivolous, vexatious, or lacking in substance.

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.

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.

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 to grant interim order Act, s 279

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

BY-LAWS – where the body corporate sought to charge a lot owner for property damage – whether the decision was valid – where the decision purported to rely on two by-laws – whether the by-laws are valid. Act, ss 169, 180

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

INTERIM ORDER – whether an interim order ought to be granted. Act, s 279

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

BY-LAWS – where the respondent installed a patio on his lot – whether the patio complied with the conditions of approval – whether the respondent has breached the by-laws -whether the respondent should be required to remove the patio. Act, ss 94, 182-188

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

ADMINISTRATOR – whether an administrator should be appointed at a duplex where owners are unable to agree on the basic governance of their scheme. Act, ss 205, 276(4), 301; Standard Module, ss 13, 78, 83, 84, 93(3), 160(1), 162, 163, 167(1), 175, 180(1).

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

GENERAL MEETING – whether a resolution resulting from a motion authorising roof repairs should be voided – whether the body corporate required 2 quotations to comply with the major spending limit – whether the nature or urgency of the circumstances require an order to be made – whether there are serious questions of law and the balance of convenience favours the case advanced by the applicant. Act, ss 94(2), 100(5), 101(2), 279(1); Small Schemes Module 2008, ss 86, Schedule – Dictionary.

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

• Michelle Gelder lot owner
• The Owners - Strata Plan No 38308 owners corp

The Appeal Panel awarded costs to the appellant lot owner against the owners corporation for both the appeal and first instance proceedings on the basis of special circumstances, and ordered that the owners corporation not levy contributions on the appellant's lot for its costs.

• Martiniano Jake III Neri lot owner
• The Owners - Strata Plan No. 91204 owners corp

By-law 26.4 was declared invalid as the respondent lacked power to make it, and the respondent was ordered to remove parking fee levies from the applicant's owner ledger and refund any amounts paid plus interest.

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.

GENERAL MEETING – whether a meeting notice calling an extraordinary general meeting should be void for irregularity – whether a purported extraordinary general meeting should be void for irregularity MEETING RESOLUTIONS – whether some motions carried into resolutions at the AGM should be voided. SPENDING LIMITS – whether 2 quotations were required to comply with “the relevant limit for major spending” to engage a building manager. Act, ss 15, 16(1), 94(2), 100(5), 269, 276(1), Schedule 6 Dictionary; Standard Module 2008, ss 31, 70, 114, 116, 152.

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

ANNUAL GENERAL MEETING – whether the body corporate may hold its AGM later than permitted by the Accommodation Module\_.\_ Act, ss 104, 227(2); Accommodation Module, ss 72(1), 73, 162(1)(a), 163.

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.

EGM PROCEDURES – whether an extraordinary general meeting and its resolutions were void because proper notice of the meeting was not given, the meeting notice contained errors, proprietors were not given adequate background to the proposals on the agenda, or the agenda did not include motions submitted by proprietors. Act, s 121A, schedule 2; Acts Interpretation Act 1954, s 39(1).

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

GENERAL MEETING MOTIONS – where a motion to change a community management statement failed to achieve a resolution without dissent – whether the motion failed to pass because of opposition that was unreasonable in the circumstances – where a motion regarding a by-law was ruled out of order – whether that ruling was valid – whether the motion should be deemed passed. Act, ss 62, 276(1), 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 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.

UTILITY INFRASTRUCTURE – whether a stormwater spoon drain is utility infrastructure – whether the body corporate is responsible for maintaining the spoon drain – whether the body corporate committee acted reasonably. Act, ss 20(1)(b), 94(1) & (2), 100(5), 152, 252E95), 331(3)(a), Schedule 6 Dictionary; Standard Module 2008, ss 180(1) (now s 180(1), 170 (now s 211(3))

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

• The Owners – Strata Plan No 80412 owners corp
• Graham John Vickery lot owner

The appeal by the Owners Corporation was dismissed; the cause of action for breach of statutory duty to maintain common property did not accrue until the 2015 Act commenced on 30 November 2016, so Mr Vickery's application lodged in April 2018 was within the two-year limitation period.

• The Owners – Strata Plan No 87265 owners corp
• Tony Saaib party

The Court varied the costs order to provide that the First Defendant is entitled to indemnity costs from 31 July 2019 based on a valid offer of compromise made on 30 July 2019, and refused the Plaintiff's application for a stay of enforcement of the costs order.

FINANCIAL YEAR – whether the financial year end date for the body corporate should be changed. Act, s 227, 228, 276, 283, 284(1), Schedule 5.

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

BODY CORPORATE – whether the body corporate contravened its statutory maintenance duty; whether the applicants suffered damage to property; whether the applicants suffered damage to property because of a contravention of the Act. Act, ss 94, 152, 281; Standard Module, s 180.

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

• Greg Charitou lot owner
• The Owners – Strata Plan No 10394 owners corp

The court dismissed the plaintiff's claim for damages for breach of contract, finding he was not entitled to an extension of the completion deadline beyond 1 March 2017 and that the Strata Corporation did not repudiate the contract, and declared the contract validly terminated with the deposit forfeited.

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.

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.

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

The application by Ms Trentelman for a further stay of execution of the injunction and declaratory orders was dismissed, with the effect that orders requiring her to allow the owners corporation and authorised persons access to the swimming pool on Lot 53 came into effect from 21 April 2021 pending determination of her appeal.

MAINTENANCE – where the body corporate has resolved to paint the exterior of the building - whether it is entitled to access a lot to paint the balcony walls – whether it is responsible for maintenance of those walls. Act, ss 94, 163; 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 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.

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.

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.

BODY CORPORATE – whether the body corporate acted reasonably performing its statutory functions. COMMITTEE – whether the committee acted reasonably in making a decision. Act, ss 94, 100.

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 its by-laws; whether the body corporate has enforced its by-laws in the way provided under the Act; whether the respondent has contravened a by-law; whether the body corporate has acted reasonably enforcing its by-laws. Act, ss 94, 100, 182.

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

GENERAL MEETING MOTION – where the body corporate purported to pass a resolution to record new by-laws – whether the motion required a resolution without dissent – whether individual by-laws were valid. Act, ss 62, 171, 180

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

MEETING NOTICE – whether the body corporate should be authorised to hold an extraordinary general meeting without 21 days’ notice. Act\_,\_ s 276\_;\_ Accommodation Module, s 81

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

MEETING NOTICE – whether the body corporate should be authorised to hold an extraordinary general meeting without the required 21 days’ notice. Act, ss 227, 228, 243A, 276, Schedule 5; Standard Module, ss 91, Schedule 1 – Dictionary.

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. Standard Module, s 83

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\_.\_ Standard Module, s 83.

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

EQUITY – estoppel – proprietary estoppel – promise to give continued use of swimming pool – to be satisfied by order requiring grant of easement – form of easement – whether order should be accompanied by injunction to secure use of pool pending registration of easement – equity regards as done that which ought to have been done – injunction granted EQUITY – equitable remedies – declaration – plaintiff alleges that notation on registered plan of subdivision is legally ineffective – plaintiff see

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

COMMUNITY MANAGEMENT STATEMENT – whether the recorded CMS is valid; whether the request to record the CMS was lodged within three months of the body corporate’s consent; whether a by-law in the CMS is valid. GENERAL MEETING – whether a motion had to be decided by resolution without dissent. Act, ss 62, 65, 171.

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

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.