Decisions table

ANNUAL GENERAL MEETING – whether an AGM may be held late. 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.

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.

APPLICATION FOR AN INTERIM ORDER – whether the body corporate should be prevented from putting into effect a resolution from an annual general meeting to terminate the caretaking and management agreement held by a company of which the applicants are directors – whether there is jurisdiction to determine the matter – 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 94(2), 149(B), 276(1), 279(1).

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

RESONABLENESS – where occupier sought committee approval to keep a dog – where approval refused – whether committee acted unreasonably. Act, s 100(5)

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

RESONABLENESS – where occupier sought committee approval to keep two cats – where approval refused – whether committee acted unreasonably. Act, s 100(5)

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.

MAINTENANCE – whether the body corporate is responsible for repairing termite damage to a lot, and should meet the costs of repair – whether the body corporate undertook adequate termite prevention measures – whether the body corporate is responsible for waterproofing a balcony and should pay the costs of remediation. Act, ss 94, 100(5), 276(1), 281(1); Standard Module, ss 180, 221.

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

MAINTENANCE – in building format plan – whether body corporate has failed to meet their obligations, whether body corporate is responsible for the cost of repairs to a lot – where applicant argues that damage is attributable to a failure by the body corporate to maintain exterior of the building Act ss 152, 227, 228, 276, 281; Accommodation Module, s 157. Seiwa Pty Ltd v The Owners Strata Plan 35042 [[2006] NSWSC 1157](/cgi-bin/viewdoc/au/cases/nsw/NSWSC/2006/1157.html "View Case") Ridis v The Owners Strata Plan 10308 [[2005] NSWCA 246](/cgi-bin/viewdoc/au/cases/nsw/NSWCA/2005/246.html "View Case") MAGOG Pty Ltd v Body Corporate for the Moroccan [[2010] QDC 70](/cgi-bin/viewdoc/au/cases/qld/QDC/2010/70.html "View Case")

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

NUISANCE – whether the volume and nature of communications from the respondent constitute a nuisance. Act, s 167

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

NUISANCE – whether the volume and nature of communications from the respondent constitute a nuisance – COSTS – whether the respondent should pay the conciliation and adjudication application fees – whether the application should be dismissed with costs. Act, ss 167, 270(1)(c), 280

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.

COMMON PROPERTY – whether the body corporate has complied with its statutory maintenance obligations. DAMAGE TO PROPERTY – whether the applicants have suffered damage to property because of the body corporate’s contravention of the Act. ADMINISTRATOR – whether to appoint a person as administrator of the body corporate. Act, ss 94, 152, 281, 301; Standard Module, s 180.

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.

BY-LAWS – where the body corporate says vegetation on the respondents’ lot obstructs the view of neighbouring lots – whether the respondents are in breach of the by-laws – whether the respondents should be required to prune the vegetation on their lot – COSTS – whether the respondents should pay the costs of the application fees. Act, ss 182-188, 280

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.

ANNUAL GENERAL MEETING – validity of a late AGM. 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 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.

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; Standard Module s 83; Commercial Module s 40

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

POWER OF ADJUDICATOR TO MAKE ORDERS - Section 276. WHEN ANNUAL GENERAL MEETING MUST BE CALLED – section 64 Accommodation Module.

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

Whether general meeting resolution choosing steps over ramp to reinstate pedestrian access to scheme should be declared void. Act, s 94

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

Whether general meeting resolution choosing steps over ramp to reinstate pedestrian access to scheme should be declared void. Act, ss 226, 227, 228

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. Accommodation Module, s 73.

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

BODY CORPORATE FUNCTIONS – REASONABLENESS – INTERIM ORDER – where subsidiary body corporate committee voted to instruct its representative to vote in favour of the principal body corporate conducting drainage works on PBC common property – where owner in SBC alleges the works would benefit only one owner in the SBC and the work is not a PBC obligation – whether to grant interim order to stop SBC instructing representative to vote in favour of the works by the PBC Act, ss 94(1), 94(2), 100(5)

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

GENERAL MEETING PROCEDURE – where the applicant raises issues with the conduct of a general meeting - whether the meeting should be invalidated. Act, ss 242, 270(1)(c); Accommodation Module 2008, ss 72, 80, 84, 85

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

Whether interim order is necessary to require body corporate to direct contractor to prevent removal of items. Act, s279.

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 66

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

MAINTENANCE – in building format plan – whether body corporate has failed to meet their obligations, whether body corporate is responsible for the cost of repairs to a lot – where applicant argues that damage is attributable to a failure by the body corporate to maintain exterior of the building Act ss 152, 227, 228, 276, 281; Standard Module, s 159. Seiwa Pty Ltd v The Owners Strata Plan 35042 [[2006] NSWSC 1157)](/cgi-bin/viewdoc/au/cases/nsw/NSWSC/2006/1157.html "View Case") Ridis v The Owners Strata Plan 10308 [[2005] NSWCA 246](/cgi-bin/viewdoc/au/cases/nsw/NSWCA/2005/246.html "View Case") MAGOG Pty Ltd v Body Corporate for the Moroccan [[2010] QDC 70](/cgi-bin/viewdoc/au/cases/qld/QDC/2010/70.html "View Case")

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.

GENERAL MEETING – whether to void a motion passed at a general meeting. Act, s 104; Small Schemes Module, s 37

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.

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.

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.

APPLICATION FOR INTERIM ORDERS – whether the body corporate should be prevented from implementing the decisions of its forthcoming annual general meeting until a decision can be made about whether an owner’s vote and committee nomination were incorrectly excluded on the basis that he owes the body corporate a debt. Act, ss 31, 59(2)(b), 229A, 279; Small Schemes Module, ss 11(3), 50(2).

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.

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.