Decisions table

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.

• Owners of Strata Plan No 30791 owners corp
• Albert Bonansea and Ivana Bonansea lot owner
• Angus John Nicholas Brooks lot owner
• Julius Wolfgang lot owner
• Roslyn Bainton lot owner
• Michelle Anne Carruthers lot owner
• Alison Jean Pate lot owner
• Vanessa Claire Winley lot owner
• Southern Cross Constructions (ACT) Pty Ltd builder
• Allianz Australia Insurance Limited insurer
• Hughes Trueman Pty Ltd contractor

Appeal allowed in part against builder and insurer on negligence claim regarding excavation works; apportionment of responsibility determined with builder liable for portion of damage; costs ordered at 75% of first instance and 60% of appeal costs in favour of appellants.

ORDER – whether contribution schedule lot entitlements did not accord with deciding principle – whether just and equitable for lot entitlements to be unequal – whether interest schedule lot entitlements did not accord with deciding principle.

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

APPLICATION FOR AN INTERIM ORDER – whether the body corporate should be prevented from putting into effect a resolution from an annual general meeting to paint the exterior of scheme buildings – 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 applicants. Act, ss 100(5), 269(3), 276(1), 279(1).

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

UTILITY INFRASTRUCTURE – where cabling has been installed across the common property roof connecting a lot to the common property switchboard – whether the respondent should be required to remove the installation and reconnect power to the lot in an approved way. Act, ss 166, 167; Standard Module 2020, s 187

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

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; 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.

GENERAL MEETING MOTION – where the body corporate resolved to record new by-laws – whether the motion should be rescinded – whether the body corporate should be prevented from reducing the access keys held by the applicant. Act, s 94

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

BODY CORPORATE – whether the body corporate has breached its duty to maintain common property in good condition; whether the body corporate has acted reasonably. Act, ss 94, 152; Standard Module, s 180

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

GENERAL MEETING PROCEDURES – whether a voter was unfinancial at a general meeting – whether the meeting should have been adjourned – whether the decision at an adjourned meeting should be the decision of the body corporate – how a tied vote in a motion with alternatives should be decided. Standard Module 2008, ss 72, 82, 84

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

BREACH BY-LAWS – whether the respondent is required to remove play equipment, fences and other material from their exclusive use area. Act, ss 59(2), 66(1)(e), 94, 100(5), 182(1) & (5), 184, 186, 252E(5); Land Title Act 1994, ss 97A(3)(b)(i)&(ii), 97A(4), 373A(12); Land Act 1994, s 156(2).

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

IMPROVEMENT – where an owner sought committee approval to install a windbreak on the balcony of his lot – where the committee refused to grant approval based on the proposed colour of the windbreak frame – whether the applicant should be authorised to install the proposed windbreak. Act, s 100(5)

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

EMERGENCY EXPENDITURE – whether the circumstances give rise to a genuine emergency – whether expenditure above the committee spending limit should be authorised. Act, ss 227, 228, 243A, 276, Schedule 5; Standard Module, ss 172-174, 180(1)

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

COMMON PROPERTY - Installation of tempering valve on common property utility infrastructure – whether an improvement to common property - Whether permission of the body corporate required STATUTORY EASEMENTS FOR UTILITY INFRASTRUCTURE where an occupier has installed utility infrastructure on common property -whether the body corporate was entitled to refuse permission BCCM Act s 68; Land Title Act 1994, s 115O REASONABLENESS– whether body corporate has acted reasonably in performance of its functions. BCCM 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 in the way provided by the Act to enforce a by-law; whether the body corporate has shown that an owner has contravened a by-law and continues to contravene that by-law; whether the body corporate has acted reasonably. DISPUTE – whether there is a dispute to be resolved. Act, ss 59, 94, 182, 184, 238, 239B.

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

COMPENSATION – where a water leak caused damage to the applicant’s lot and items in the lot – whether the body corporate is liable for the damage – COSTS – whether the body corporate is liable for the application fee. Act, ss 280, 281

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

GENERAL MEETING MOTION – where the body corporate considered motions to excise a lot from the scheme - where the motions failed to achieve a resolution without dissent – whether the sole dissenting vote was unreasonable in the circumstances - whether the motion should be deemed passed. Act, s 276(1), Schedule 5, Item 10

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.

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.

MAINTENANCE UNDER BUILDING FORMAT PLAN; PROPERTY DAMAGE – whether the body corporate was responsible for the maintenance of a pipe that leaked and damaged a lot; whether the body corporate should reimburse the applicant’s plumbing fees; whether the excess payable under the body corporate’s policy of insurance imposes an unreasonable burden upon the applicant; whether the body corporate should pay the excess. Act, s 20; Standard Module, ss 180(1), 203, 211(5); Land Title Act 1994, s 48C.

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

COMMITTEE – REASONABLENESS – where occupier’s proposed co-occupier has support dog for mental health – where occupier was refused permission by committee to keep the dog – where another occupier has clinical phobia of dogs – whether committee’s decision was unreasonable – whether to order that the applicant be allowed to keep the dog Act, s 100(5)

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

COMMITTEE RESOLUTION – whether the committee acted unreasonably when refusing to permit at a dog at the scheme. Act, s 100(5).

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

• The Owners – Strata Plan No 30361 owners corp
• Nina Morgan lot owner

The appellant was ordered to pay the respondent's costs of the appeal on an ordinary basis following abandonment of the appeal, as costs follow the event and no compelling reason justified departure from the usual rule.

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.

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.

INTERIM ORDER – where body corporate resolved to change body corporate managers – where interim order sought to stop committee acting on resolution to issue notice requiring handover of body corporate records – whether basis for interim order. Act, s 279

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.

GENERAL MEETING MOTION – where a motion proposed to record a new community management statement to grant the applicant an area of common property - where the motion failed to achieve a resolution without dissent – whether the sole dissenting vote was unreasonable in the circumstances - whether the motion should be deemed passed. Act, s 276(1), Schedule 5, Item 10

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

REASONABLENESS – where lot owner applied for permission to keep a dog, without having yet chosen the particular dog – where committee and then Body Corporate declined to allow the applications – whether Body Corporate or committee acted unreasonably. Act, ss 94(2), 100(5)

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

Maintenance – whether body corporate has failed to maintain common property and body corporate assets in good condition; whether body corporate has failed to act reasonably or for the benefit of owners. Act, ss 20, 94, 152; Standard Module, ss 159, 165, 166, 170; new Standard Module ss 180, 187, 188, 189, 211

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.

BUILDING AND CONSTRUCTION – Proceedings settled by Deed of Settlement entitling plaintiff to

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

GENERAL MEETING MOTION – where the body corporate passed a motion to enter into new caretaking agreements – whether the committee should have distributed legal advice regarding the agreements. Accommodation Module 2020, s 80; Accommodation Module 2008, s 71

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

RECORDS – whether the body corporate has failed to provide the applicant with access to body corporate records – GENERAL MEETING PROCEDURES – whether a general meeting should be invalidated. Act, ss 94(2), 205 Standard Module 2008, ss 67, 76, 204, 205 Standard Module 2020, ss 82, 93, 232, 233

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.

BODY CORPORATE PROPERTY – where the applicant claims that the body corporate has resolved to engage a new body corporate manager – where that is disputed – whether the committee should be required to issue a notice to the current body corporate manager to hand over the records to the alleged new body corporate manager. Accommodation Module (2008), ss 54, 65, 66, 67, 74, 84 Accommodation Module (2020), ss 60, 74, 83, 76, 83, 95

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

• Scott McGregor lot owner
• Bernadette Eichner lot owner
• The Owners – Strata Plan No 74896 owners corp

The application by lot owners seeking to keep a pet dog in contravention of by-law 22.2 was dismissed as the by-laws do not permit animal keeping with approval of the owners corporation and no grounds for invalidity were established.

• The Owners – Strata Plan No 87265 owners corp
• Tony Saaib builder
• Irena Alexandrova contractor

The claim against Saaib was dismissed, but judgment was entered in favour of the Owners Corporation against Alexandrova for $3,425,583.54 for misleading and deceptive conduct in relation to home warranty insurance for defective building work.

CONTRACT – formation and validity – proposal by owner of development lots to convert lots into non-strata blocks and build townhouses of specified height – cooperation of strata corporation required – development lot owner promised proposal would result in continuing access for strata owners to swimming pool on her land – resolution passed at general meeting – no contractual effect ESTOPPEL – proprietary estoppel – encouragement – detrimental reliance – whether lot owner’s promise made to strata

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

GENERAL MEETING – whether a motion on the meeting agenda is void; whether it is just and equitable in the circumstances to void a resolution passed by the body corporate because of a contravention of the Act. Act, ss 94, 95, 100, 152; Commercial Module, ss 36, 43, 100, 101, 115, 129.

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 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.