Decisions table

ANIMAL BY-LAW – where applicants claim animal is a support dog – whether the body corporate acted reasonably in refusing permission for a second dog – whether by-law designating part of the common property as a pet-free zone is oppressive or unreasonable in the circumstances. Act, ss 94, 100(5), 180(7), 181

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

ANIMAL BY-LAW – where the applicant’s representative sought approval to bring a dog when holidaying in their lot – where approval was refused - whether the committee acted reasonably – what conditions of approval would be appropriate. Act, ss 94(2), 100(5)

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

BODY CORPORATE RECORDS – where applicant is a lot owner – where applicant requested a copy of the body corporate roll including owners’ email addresses – where body corporate supplied a copy with contact details redacted – whether the body corporate is required to provide an unredacted copy of the roll or all contact details located in the records Act, s 205

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

VALIDITY OF MOTIONS – where motions to carry out repair and replacement works were considered at an extraordinary general meeting and passed – where the applicant challenges the motions and wants them set aside – whether the motions are invalid Standard Module, s 173

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

IMPROVEMENT TO COMMON PROPERTY; EXCLUSIVE USE –Whether lot owner should be forced to remove improvements from common property – Act, ss 94, 100, 152, 159, 185, 276; Standard Module, ss 187; Land Title Act 1994, ss 48C, 49C(4).

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

COMMITTEE COMPOSITION – whether person elected to committee was a service contractor & became ineligible to hold that position. COSTS – whether application is frivolous, vexatious, misconceived or without substance; whether costs should be awarded Act, ss 15, 99, 100(4), 152, 270(1)(c), 285; Standard Module, ss 10(2)(a), 44(2)(b), 48, 97, 98, 180

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

BY-LAWS – where by-law provides that no change is to be made to the external appearance of the Lot without permission of the body corporate committee – where respondent installed internal shutters – where committee did not give approval– whether the respondent should be required to remove the shutters. Act, ss 94(2), 100(5)

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

BY-LAWS – where the applicants sought approval for alterations – where approval has not been given – whether the by-laws are valid – whether the plans should be approved – whether a committee member has a conflict of interest – whether an amount paid under the by-law should be reimbursed. Act, ss 94, 97, 100, 180, 270; Standard Module, ss 6(b), 58, 66, 86

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

APPLICATION FOR INTERIM ORDERS – whether committee resolutions should be prevented from being implemented until their validity is determined. Act, ss 242, 279; Accommodation Module, ss 44(1)(b)

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

GENERAL MEETING MOTION – where a motion proposed exclusive use of common property roof space for the purpose of converting it to a habitable part of the dwelling below – where the motion failed to achieve a resolution without dissent because a neighbouring lot owner voted against it out of concern that it would result in greater noise in his lot or would otherwise be adverse to his interests – whether the owner’s opposition was unreasonable in the circumstances – whether the motion should be given effect. Act, ss 62, 167.

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

MAINTENANCE – whether body corporate is responsible for repairing termite damage to a lot - whether the failure to pass a motion to undertake repair works should be overturned – whether the body corporate is responsible for the cost of repairing the termite damage. Act, s 94(2); Accommodation Module, s 170

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

BODY CORPORATE RECORDS – RETRURN BY FORMER BODY CORPORATE MANAGER - s.235 Standard Module.

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

MAINTENANCE UNDER BUILDING FORMAT PLAN – where a common property lift installed at the inception of the scheme does not meet current regulatory requirements and cannot provide a service to all lots without repeated mechanical failure – where the lift has not been operational for several years – where the applicant lives on the top floor and struggles with the stairs – whether the body corporate must repair the lift. INSURANCE – whether the body corporate must obtain machinery breakdown insurance to cover failure of the lift motor. Act, ss 10(2)(b), 20, 35(1), 152(1); Standard Module, ss 180(1), 184(2)(a); 186, 187, 197.

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

AGM RESOLUTION TO AMEND CARETAKING AND LETTING AGREEMENTS – INCLUSION OF OCCUPATION AUTHORITY FOR COMMON PROPERTY AREAS USED BY THE MANAGER/AGENT TO PERFORM CARETAKING AND LETTING- WHETHER RESOLUTION VALID Act, s 276; Accommodation Module, ss 147, 148.

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

REASONABLENESS – where the body corporate has passed various resolutions which, amongst other things, increase the scheme’s levies and raise special levies – where the applicant disputes the need for the extra levies and wants an administrator appointed to assess the scheme’s financial position – whether the body corporate has failed to act reasonably in passing the disputed resolutions Act, ss 94(2), 100(4), 242, 270, 301

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

GENERAL MEETING – where chairperson ruled motions out of order – whether owners were given an opportunity to reverse the ruling – whether the chairperson’s conduct was a breach of the code of conduct for committee voting members Act, s101B; Accommodation Module, s88

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

COMMITTEE ELECTION – whether a committee election held in 2021 should be held again to address alleged voting irregularities. BODY CORPORATE RECORDS – whether the body corporate must request candidate tallies from the provider of electronic voting software to satisfy an owner’s request for access to those records. Act, s 205.

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.

APPLICATION FOR INTERIM ORDERS – whether an annual general meeting should be postponed because the applicant may have wished to add further motions to the agenda if he had been given access to the body corporate’s records when requested, or because his explanatory notes were not circulated to owners. Act, ss 276(4), 279(1), 301; Standard Module, ss 86(6), 87(3)(e), 90(1)(a), 97, 98(1)(a)(i), 232(1).

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

UTILITY INFRASTRUCTURE – where a water supply system was installed on the applicant’s exclusive use area – whether the body corporate should relocate the system Act, ss 36(3), 66(1)(d), 68(1), 170, 177. Schedule 6 Dictionary; Land Title Act 1994, ss 115O, 115P;

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

INTERIM ORDER – where applicant is seeking final orders regarding the use of a certain chemical at the scheme as a hazard – where there are allegations of special circumstances and urgency about the chemical – whether an interim order is appropriate pending the final determination of the dispute. Act, ss 94, 100(5), 167, 279

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

COMMITTEE RESOLUTION – whether a committee decision to revoke consent for the caretaker’s delegate to perform caretaking duties was reasonable – JURISDICTION – whether a department adjudicator has jurisdiction to determine the dispute. Act, ss 94(2); 100; 149B; 229 Accommodation Module, s142

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

APPLICATION FOR INTERIM ORDER – where the body corporate committee has replaced the ordinary power outlets in the scheme’s basesment with lockable ones – where the applicant has been denied permission to use the locked outlets – where the applicant wants the body corporate to reinstate owners’ access to the outlets – whether there are urgent circumstances to warrant granting an interim order in this case Act, ss 94(2), 100, 279(1); Standard Module, ss 52, 184

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

COMMITTEE RESOLUTION – whether the committee acted unreasonably imposing conditions of approval for an air conditioner in a lot; whether the conditions should be amended or omitted. BY-LAWS – whether a by-law requiring body corporate approval to install air conditioning in a lot is invalid because the committee uses it in an oppressive and unreasonable manner; whether it should be replaced with an alternative by-law proposed by the applicants. Act, ss 4(a), 62(3)(a), 94(2), 100(5), 169(1)(b)(i)-(ii), 180(7); Accommodation Module, s 170(4)(a)(ii)(E).

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

APPLICATION FOR INTERIM ORDER – where the applicant’s motion seeking approval for the colour change to Lot 6’s patio doors was not carried by the committee – where the committee has sought entry into Lot 6 to paint/stain the patio doors to match the other exterior doors, windows and louvres at the scheme – whether there are urgent circumstances to warrant granting an interim order in this case Act, ss 94(2), 100, 279

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

IMPROVEMENT TO COMMON PROPERTY – whether a pot plant is an improvement to common property – whether body corporate consent is required to place pot plants on common property – whether the body corporate unreasonably withheld consent. Act, ss 94(2), 100(5); Standard Module, s 187.

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

COMMITTEE RESOLUTIONS - Validity of, where it is alleged a conflict of interest existed, but was not declared; where those resolutions have been rescinded in general meeting Act, s 279; Commercial Module, ss 30, 35

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

BY-LAW ENFORCEMENT – where body corporate alleges owners of a lot are breaching the by-laws – whether the body corporate has complied with the mandatory legislative processes required to enforce by-laws – whether it appears adjudicator is without jurisdiction. Act, ss 94, 100(5), 181-188, 270(1)(a)

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.

EGM RESOLUTIONS – whether resolutions are valid IMPROVEMENT TO COMMON PROPERTY – requirement for approval by special resolution ACQUISITIONS FOR BENEFIT OF LOT OWNERS- requirement for approval by special resolution Act, ss 97, 318 Accommodation Module ss 163, 176, 179

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.

PROPERTY DAMAGE – whether a body corporate must repair damage to a building format plan lot caused by movement of the building’s foundations, including repainting the interior and replacing the carpet. Act, ss 280, 281; Small Schemes Module, s 99; Land Title Act 1994, s 48C(1).

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

GENERAL MEETING MOTION – where an unsuccessful motion to record a new community management statement would have reconfigured two neighbouring lots without affecting surrounding lots or common property; whether the motion required a resolution without dissent; whether it should be deemed to have passed. Act, ss 62, 65, 108.

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

INSURANCE – where an owner paid insurance excess – whether it was unreasonable for the body corporate to charge that excess – whether the excess should be reimbursed Act, ss94(2) & 100(5); Accommodation Module, s193(3)

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

BY-LAWS – whether the respondent has contravened the scheme’s by-laws – whether the respondent has obstructed the use of common property by storing furniture on common property. Act, ss 59, 161, 168, 169; Standard Module, s 212

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

MAINTENANCE UNDER BUILDING FORMAT PLAN – whether body corporate or owner is responsible for replacing balcony tiles. Act, ss 246, 281, 297, 312; Standard Module, ss 52, 180, 211

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

BODY CORPORATE RECORDS – whether the body corporate can charge committee members a fee for copies of records – whether the body corporate can question the purpose of a committee member’s request for access to records. Act, ss 204, 205; Accommodation Module, ss 221, 222

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

BY-LAWS – where the applicant claims his neighbours’ garden contravenes a by-law and their air conditioner breaches body corporate policy; whether the body corporate must enforce the by-laws. Act, ss 94(1)(b), 182.

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

AGM RESOLUTIONS – whether resolutions approving legal proceedings and payment of legal fees and costs should be declared invalid – whether resolutions involved fraud on the minority of lot owners

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.

GENERAL MEETING MOTIONS – where the body corporate resolved to replace some windows and sliding doors on lots and undertake waterproofing – whether the body corporate is responsible for the work – whether motions about the work are valid. Accommodation Module, ss 170, 201

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

COMMITTEE RESOLUTION – whether a dog should be permitted at the scheme. Act, s 270(1)(e).

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

COMMITTEE RESOLUTIONS – whether a committee resolution conflicted with a general meeting resolution - whether a committee resolution was within the power of the committee – whether the decisions were reasonable - whether committee members had a conflict of interest. Act, s 100, Standard Module, ss 52, 66

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

EMERGENCY – where plumbing failure causing property damage – where quotation is above the limit for committee spending – whether to order that committee spending is authorised. Act, s 243A; Standard Module, s 172(1)

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

REASONABLENESS– whether the body corporate acted unreasonably in refusing permission for the installation of solar panels on common property – whether the motion should be deemed passed. Act, s94(2)

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

INTERIM ORDERS – where lot owner alleges committee decided to reduce the number of access fobs available to him and restrict his access to common property – whether interim orders are warranted in the circumstances. Act, ss 94(1), 100(5); Accommodation Module, s 44

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

IMPROVEMENT TO COMMON PROPERTY – whether the body corporate acted reasonably in resolving to remove trees on common property. Act, ss 94(2), 100(5); Accommodation Module, ss 162, 163

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

EXCLUSIVE USE BY-LAW – whether motion requiring a vote without dissent for a new exclusive use by-law attaching to a lot giving the owner rights over an identified part of common property in the basement car park failed to pass because of opposition that was, in the circumstances, unreasonable. Act, ss 55, 170, 171, 279(1)(b), 276(3), Schedule 5

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

EXCLUSIVE USE BY-LAW – whether motion requiring a vote without dissent for a new exclusive use by-law attaching to a lot giving the owner rights over an identified part of common property in the basement car park failed to pass because of opposition that was, in the circumstances, unreasonable. Act, ss 55, 170, 171, 279(1)(b), 276(3), Schedule 5

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

GENERAL MEETING MOTIONS – whether motions that purported to direct the applicant’s conduct as committee chairperson were invalid. GENERAL MEETING PROCEDURES – whether general meeting minutes that failed to record various statements and procedural motions were not full and accurate and should be amended. BY-LAWS – whether a communication by-law is invalid because some terms are not defined, it conflicts with the body corporate’s contracts with service providers, it is at odds with the Act, or it diminishes owners’ ability to raise legitimate issues with the body corporate. Act, ss 59(2), 94(1), 95(1), 100(5), 180(1); Accommodation Module, ss 76, 83(1), 107.

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