Decisions table

DECLARATORY ORDER – ANNUAL GENERAL MEETING – where annual general meeting held late – whether to declare that annual general meeting not invalid Standard Module s 66

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

BY-LAWS – whether the respondent is parking a boat on the driveway of a lot, in contravention of the by-laws. Act, ss 94, 182-188

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

IMPROVEMENTS TO COMMON PROPERTY – where the respondent has installed a storage shed in the basement car park area – whether the installation was contrary to the legislation and the by-laws - whether the respondent should be required to remove the storage shed or replace it with one that complies with the by-laws. Accommodation Module, ss 162, 172

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.

POWER OF ADJUDICATOR TO MAKE ORDERS- Section 276 Body Corporate and Community Management Act 1997 WHEN ANNUAL GENERAL MEETING MUST BE CALLED –section 64 Body Corporate and Community Management (Accommodation Module) Regulation 2008

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

By- LAWS – whether the occupiers & invitees have breached by-laws regarding noise, nuisance. By- LAW 26-whether the respondent has taken all reasonable steps to ensure that invitees comply with the by-laws NUISANCE – whether the respondent has caused a nuisance or interfered unreasonably with the use of lots and common property by others. STANDARD OF PROOF- Briginshaw v Briginshaw [[1938] HCA 34](/cgi-bin/viewdoc/au/cases/cth/HCA/1938/34.html "View Case"); (1938) 60 CLR 336 Act, ss 94, 100, 167, 169, 182-188

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

BY-LAWS, IMPROVEMENT TO LOT – whether an owner requires body corporate permission to install a balustrade within her lot; whether permission was unreasonably withheld; whether the body corporate should reimburse the owner’s conciliation and adjudication application fees. Act, ss 100(5), 280.

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

• The Bunker Pty Ltd lot owner
• The Owners – Strata Plan No. 63731 owners corp
• McCormack's NSW Pty Ltd trading as McCormack's Strata Management manager
• Wellman Strata Management Pty Ltd manager

The Tribunal appointed Wellman Strata Management Pty Ltd as strata managing agent for 2 years to exercise all functions of the strata committee relating to lots 148 and 167, finding the owners corporation's management was not functioning satisfactorily due to improper use of powers and failure to perform maintenance duties.

GENERAL MEETING – validity of resolution purportedly carried at a general meeting – whether amendment to by-law is valid ss 169, 180 Act REASONABLENESS - Section 94(2) Act - requirement of body corporate to act reasonably ss 94, 100, 169 Act.

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 64

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

Change of body corporate’s financial year. Act, ss 276, 283

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 227, 228, 276, 283, 284(1), Schedule 5.

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.

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. BODY CORPORATE – whether the body corporate has power to control the installation of a shed on common property; whether the body corporate has acted reasonably. Act, ss 94, 95, 100, 182.

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

GENERAL MEETING – motions and resolutions – electronic voting REQUIREMENTS FOR VOTING PAPER APPOINTMENT OF BODY CORPORATE MANAGER- when secret ballot required MOTION WITH ALTERNATIVES – whether 2 motions deal with the same issue Accommodation Module, ss 69, 70, 86 Justice Legislation (COVID-19 Emergency Response – Community Titles Schemes and other Matters) Regulation 2020.

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

BY-LAW – whether the body corporate has enforced a by-law in the way provided in the Act. COMMUNITY MANAGEMENT STATEMENT – whether the body corporate consented to the scheme’s CMS in accordance with the Act; whether the CMS is enforceable. Act, ss 59, 62, 94, 182; Land Title Act 1994, s 115L

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

COMMON PROPERTY – MAINTENANCE – REASONABLENESS – whether common property requires maintenance for its appearance – whether unreasonable for body corporate not to keep common property lighting on all night – whether to make order that body corporate comply with legislation for hypothetical future events concerning spending decisions Act, ss 94, 100, 276(1); Standard Module, s 159

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 64.

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

IMPROVEMENTS – where a lot owner is undertaking renovations to a lot which include improvements to an exclusive use area of common property – where the body corporate purported to approve the works subject to conditions – whether the approval and conditions were valid – whether the lot owner must comply with the conditions. Act, ss 94(2), 100(5); Accommodation Module, s 172

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.

GENERAL MEETING MOTION – where the body corporate did not pass a motion to consent to an application for a material change of use of the lot – whether the body corporate failed to act reasonably. Act, s 94(2)

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

Whether body corporate acted unreasonably in failing to carry motion; whether opposition by lot owner to motions requiring resolutions without dissent was unreasonable. Act, ss 62, 94(2), 276, Schedule 5, Items 10 & 24

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 15, 104, 276(1); Accommodation Module, s 63(1), 64, 74(3)(a), 112(2)(a)

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

INTERIM ORDER – where committee refused lot owners’ application to bring a dog onto the scheme – where applicants allege committee decision was unreasonable – whether to grant interim order to allow dog to be brought onto the scheme pending further or final order. Act, s 279

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

• Jan Newland lot owner
• LD Beston (Aust) Pty Ltd party
• Richard Dalimore lot owner
• The Owners – Strata Plan No. 576 owners corp
• Vital Strata Management Pty Ltd manager
• Dee Mahon lot owner
• Natalie Helm lot owner
• Deborah Bassett lot owner
• Yucon Zhang lot owner
• Xian Zhang lot owner
• Descol Pty Ltd party
• Benoit de Tarle lot owner

The Tribunal corrected an obvious error in its previous orders by directing that the compulsory strata manager appointment be amended to explicitly confer all functions of the Owners Corporation on the appointed strata managing agent.

IMPROVEMENTS TO COMMON PROPERTY – whether the body corporate acted unreasonably when deciding to require owners to remove their air conditioning condensers from the fire skirts of the building; whether it failed to adequately consider the financial impact upon owners; whether the general meeting resolution ought to be overturned. Act, ss 94(1)(a)&(2), 242; Standard Module, ss 69(1)(b), 72(1), 95, 164; Land Title Act 1994, s 115O.

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

• Thomas Rosenthal lot owner
• Joanne Rosenthal lot owner
• The Owners - Strata Plan No. 20211 owners corp

The Tribunal ordered the Owners Corporation to rectify and complete specified waterproofing and related defects affecting the applicants' penthouse lot, with work to commence by 16 March 2021 and be completed within 6 weeks, carried out by appropriately licensed and qualified persons.

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.

GENERAL MEETING RESOLUTION – whether opposition to a motion to borrow funds for maintenance and scheme works requiring a resolution without dissent was unreasonable – whether the motion should be deemed passed. Act, ss 94(2), 96(2)(b), 100(5), 159(1), 246, 269(3)(a)-(c), 276(1), Items 10, 24 Schedule 5; Standard Module, ss 147(3)(c), 150(2), 159(1); Accommodation Module, s148(2); Commercial Module, 109(2); Small Schemes Module 84(2).

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

GENERAL MEETING – motions and resolutions regarding maintenance of premises - whether a resolution is valid MOTION WITH ALTERNATIVES – whether 2 or more motions propose alternative ways of dealing with the same issue Klinger v Body Corporate for Costa D’Ora Apartments [](http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QDC/2007/300.html "View Case")[[2007] QDC 300](/cgi-bin/viewdoc/au/cases/qld/QDC/2007/300.html "View Case") Finger v Dickie [[2015] QCATA 113](/cgi-bin/viewdoc/au/cases/qld/QCATA/2015/113.html "View Case") Act ss 152, 247, 276 Standard Module, ss 72, 152, 159

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

GENERAL MEETING – whether a voter properly cast a vote; whether two or more motions proposed alternative ways of dealing with the same issue; whether part of a motion is void; whether the body corporate had power to make a decision; whether a motion was properly included on the agenda; whether a resolution passed on a motion could be enforced; whether the body corporate acted reasonably. COMMITTEE – whether committee put body corporate decision into effect; whether committee had power to make body corporate decision. Act, ss 94, 95, 100, 101; Standard Module, ss 42, 71, 72, 76, 86

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

• The Owners – Strata Plan No 55682 owners corp
• W. R. Berkley Insurance (Europe), PLC insurer
• Berkley Insurance Company insurer
• HHIA Pty Ltd party
• Mr D Hynes party
• Ms L Honeychurch party
• Westcourt General Insurance Broker Pty Ltd contractor
• QUS PTY LTD party

The court declined to make a Sanderson order requiring the unsuccessful brokers and licensee defendants to pay the insurer's costs of the cross-claim, finding it unreasonable given the limitations issues that made the cross-claim likely to fail irrespective of other circumstances.

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 64.

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.

BY-LAWS – NUISANCE – where hard flooring was installed – where it is alleged that the flooring results in noise transmission to the lot below - whether the respondents are causing a nuisance in breach of the Act and the by-laws. Act, s 167

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

• The Owners – Strata Plan No 55682 owners corp
• W. R. Berkley Insurance (Europe), PLC insurer
• Berkley Insurance Company insurer
• HHIA Pty Ltd contractor
• Mr D Hynes party
• Ms L Honeychurch party
• Westcourt General Insurance Broker Pty Ltd contractor
• QUS PTY LTD party

The court awarded judgment to the plaintiff against the brokers and licensee for $739,393.95 but dismissed claims against the insurer and Ms Honeychurch; costs orders made with the unsuccessful defendants to pay the insurer's costs, the plaintiff to pay Ms Honeychurch's costs, and the cross-claimant to pay the cross-defendant's costs.

GENERAL MEETING – whether a general meeting was held at least 21 days after notice of the meeting was given to owners; whether a voter correctly cast a written vote. Act, s 104; Accommodation Module, ss 72, 84

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 64.\_

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

• The Owners - Strata Plan No. 568 owners corp
• Stan Levitin lot owner
• Doris Levitin lot owner

The Tribunal prescribed a common property rights by-law giving retrospective consent to the Lot owners' kitchen renovation works, but dismissed the owners corporation's application for restoration of common property and the Lot owners' application for compulsory appointment of a strata manager.

BY-LAW – whether the applicant body corporate is entitled to enforce a by-law under the Act. COSTS – whether the body corporate is entitled to costs for making a dispute resolution application; whether there is jurisdiction to make a costs order for legal fees. Act, ss 59, 66, 159, 171, 182, 184, 280; Standard Module, s164

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

EMERGENCY – SPENDING – where common property wall tiling is falling off – where stone mason advises safety risk – where quotation for repairs exceeds the relevant limit for committee spending – whether emergency exists to authorise committee spending without ordinary resolution. Act, s 243A; Accommodation Module, s 149(1)

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

• Australia City Properties Management Pty Ltd lot owner
• Bo Yun Wang lot owner
• The Owners - Strata Plan No. 65111 owners corp

The Court determined that the first plaintiff's loss of bargain damages claim failed but succeeded in obtaining possession of Lot 179 with monetary judgment of $32,896.13; the Owners Corporation's cross-claim was entirely dismissed; costs were ordered to be split between the parties based on separate issues with each party bearing their own costs on the costs application.

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 64.

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 64.

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 64

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

STATUTORY EASEMENT – REASONABLENESS – where lot owner proposed to install solar panels for the benefit of the lot on common property roof – whether lot owner benefits from a statutory easement over common property to supply utility services – where the installation requires an ordinary resolution – where motion defeated – where motion did not specify where on the common property associated cabling infrastructure would run – whether body corporate decision was unreasonable. Act, s 94(2); Standard Module, s 164(2)

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

COMPENSATION – where the applicant claims water ingress caused damage to his property – where the applicant claims the water ingress was due to a body corporate maintenance failure – whether the body corporate is liable for the applicant’s claimed losses. Act, s 281

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

MAINTENANCE UNDER A BUILDING FORMAT PLAN – whether a motion proposing replacement of a leaking roof was maintenance requiring an ordinary resolution or an improvement requiring a special resolution. Act, s 108; Standard Module, ss 72(3), 151(1)(a), 152, 153, 159(1), 163; Land Title Act 1994, ss 48C, 49C(4).

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 66.

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

COMMNITY MANAGEMENT STATEMENT – whether a motion to ratify by-laws previously recorded by the body corporate was valid – MINUTES – whether a motion to confirm minutes was valid – whether the minutes should be corrected – COSTS – whether costs should be awarded to the applicant. Act, s 62; Accommodation Module, ss 74, 94

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