Decisions table

APPLICATION FOR INTERIM ORDER – Where: four committee members’ terms ended because they missed two consecutive committee meetings without leave the committee appointed replacements without reference to a general meeting, and the applicant seeks an order that the vacancies must be filled at a general meeting. Whether the committee members should be reinstated to their former positions until the application is decided. Act, ss 100(5), 279(1); Accommodation Module, ss 36(2), 37, 39, 40(1)(b), 46(1)(a), 47(2)(a), 52(1), 72(1).

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

BY-LAWS - whether the respondent is breaching the by-laws with regard to parking and items on common property. Act, ss 94, 182-188

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

INTERIM ORDERS – whether interim orders are warranted in the circumstances. Act, ss 163, 279

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

GENERAL MEETING – NOTICE PERIOD – whether to make an order declaring that a general meeting in an emergency will not be invalid for being called on short notice. Act, s 243A; Accommodation Module, s 81

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

Strata plan - Scheme dispute - Functions of strata company - Functions of council - General meeting of strata company - Extraordinary General Meeting (EGM) - Annual General Meeting (AGM) - Whether notice of AGM invalid - Whether AGM invalid - Whether motions and resolutions passed at AGM void, invalid or should be set aside - Proper management of strata scheme - Financial management - Budget - Who can propose a resolution outside of a general meeting - Proper construction of by-law on debt recovery costs - Tribunal proceedings - Jurisdiction of Tribunal - Dismissing a proceeding - Resolution of scheme dispute - Statutory discretion power to make declarations and orders to resolve scheme dispute or proceeding - History of ongoing dispute

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

MAINTENANCE -obligation of body corporate in a Building Format Plan to maintain common property roof had a duty to maintain a garage door and garage door motor in good condition – whether the body corporate breached those duties by failing to repair or replace the garage door and garage door motor. Act, ss 94(2), 281; Standard Module, ss 180 Part A2 National Construction Code Carroll v Body Corporate for Palm Springs Residences [](../../../../BCCM/Appeal%20&%20External%20Decisions/Appeal%20decisions/Carroll%20and%20Ors%20v%20Body%20Corporate%20for%20Palm%20Springs%20Residences%20CTS%2029467%20%5b2013%5d%20QCATA%2021.pdf)[[2013] QCATA 21](/cgi-bin/viewdoc/au/cases/qld/QCATA/2013/21.html "View Case")

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

• Sabrina Gabriela lot owner
• The Owners – Strata Plan No. 52108 owners corp

Leave to appeal was refused and the appeal was dismissed; the original orders for fire safety works to be completed were upheld with the completion deadline extended to 10 February 2025.

BODY CORPORATE RECORDS – whether body corporate records should be transferred a body corporate manager and whether body corporate funds should be transferred to a new bank account. GENERAL MEETING PROCEDURES – where there are two persons claiming to be authorised to act as the secretary for the body corporate, whether an annual general meeting was validly called and held and committee members validly chosen. Act, ss 99, 279; Standard Module, ss 13(a), 44, 160, 232(1)

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

GENERAL MEETING PROCEDURES – where the body corporate sent the notice of an AGM to the residential addresses for several lots, rather than the addresses for service recorded on the roll; where the body corporate committee encouraged owners to vote against a motion to increase the applicant’s salary as caretaking service contractor; whether the outcome of voting should be reversed because owners were unable to vote or were influenced by the committee. Act, s 100(5); Accommodation Module, ss 76, 77(1), 79(6), 81, 95(1), 206, 207, 208(b), 210(2), 213(2)(d); Acts Interpretation Act 1954, s 39A(1)(b).

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

MAINTENANCE – where there are maintenance and safety concerns with structures built on an exclusive use rooftop area – whether the body corporate can permanently remove the structures – whether orders are warranted relating to removal works. Act, ss 11, 94, 163, 243A; Standard Module, ss 180, 187, 192, 193

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

GENERAL MEETING MOTIONS – where the applicant disputes 7 general meeting motions relating to an ongoing dispute about structures on the applicant’s exclusive use area of common property – whether the motions are valid. Act, ss 11, 94; Standard Module, ss 91, 116, 172-4, 184, 186, 193, 212

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

IMPROVEMENTS TO COMMON PROPERTY – whether authorised Act, s 159; Standard Module, s 187

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

• The Owners - Strata Plan No 89791 owners corp
• FKP Constructions Pty Ltd builder
• FKP SJYC Pty Ltd developer

The Court declined to make a costs order in favour of the defendants in respect of their solicitors' correspondence and affidavit relating to document production disputes, finding that the defendants should have sought pre-evidence disclosure with evidence of exceptional circumstances rather than engaging in combative correspondence and serving a notice to produce.

• Jessica Silberstein lot owner
• The Owners – Strata Plan No 55468 owners corp
• Michael Adamo party
• Michael Hans Engelbert party
• William Paul O'Brien party
• Terrance Matthew Gagen party
• Strata Choice Pty Ltd manager
• Hecker Australia Pty Ltd party

The Owners Strata Plan No. 55468 must carry out rectification works by 14 February 2025 and pay the lot owner $316,128.43 in damages for breach of section 106 of the Strata Schemes Management Act 2015; Michael Adamo was removed from the strata committee and restrained from acting as an office holder for not less than one year; applications against other respondents were dismissed.

REAL PROPERTY – STRATA MANAGEMENT – removal of strata committee officer – no basis – meeting procedures including for elections - Strata Schemes Management Act 2015 (NSW) ss 30(4), 35, 37, 238, Sch 1 para 18, Strata Schemes Management Regulation 2016 regs 14, 14A

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

REASONABLENESS of body corporate’s handling of major maintenance project; IMPROVEMENT TO COMMON PROPERTY – whether awning removed to perform maintenance can be reinstalled; claim for LOSS OF RENT. Act, ss 94, 100(5), 205; Accommodation Module ss 63(1), 177, 217, 220

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

• The Owners – Strata Plan No. 100526 owners corp
• Rolia Hamdan lot owner
• Charlie Hamdan lot owner

The appeal was allowed and the first instance decision dismissing the application for removal of unauthorised works was set aside, with the matter remitted for reconsideration on the basis that the tribunal failed to consider relevant discretionary matters including the impact on other lot owners.

INTERIM ORDER – where body corporate resolved to apply for a change to the scheme’s existing development approval to include a condition that restricts studies and media rooms from being converted into additional bedrooms – whether an interim order is warranted Act, s279(1)

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

INTERIM – 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.

LAND LAW – Strata – By-laws – Contractual construction in cases of long-term contractual relations – Whether earlier deed regained force upon termination of later deed – Licence fee claim – Trespass loss of carpark revenue

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

IMPROVEMENT TO COMMON PROPERTY – where an owner installed an air-conditioning unit on common property; whether the installation was validly approved by the body corporate. Act, s 159; Accommodation Module, s 177

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

COMMITTEE PROCEDURES & COMPOSITION – where the majority of the body corporate committee submitted a motion to a general meeting without notice to their colleague, the applicant; where the motion proposed the dismissal of the applicant from the next committee and it passed by ordinary resolution; whether the motion is void, the applicant must be appointed to the new committee, the body corporate must produce related records, and the body corporate must pay the applicant’s costs. Act, s 280; Standard Module, ss 44(2)(f), 55(1)-(2), 66(2), 68(1), 232(1).

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.

SUPPLY OF SERVICES – whether the body corporate’s arrangements for billing of water supply charges are valid – whether the outcome sought is still relevant or required – whether other orders are warranted. Act, s 196, 270

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

IMPROVEMENT TO COMMON PROPERTY; REASONABLENESS – whether it was unreasonable for the body corporate to make an improvement to common property for the benefit of a single lot. Act, ss 94(1)(a), 94(2), 100(5), 280; Accommodation Module, ss 162, 176.

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

INTERIM ORDER – whether interim orders are warranted. Act, s 279

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

• Alta Vale Residential Pty Ltd builder
• The Owners – Strata Plan No. 95693 owners corp
• STM 123 No. 8 Pty Limited developer

The Appeal Panel dismissed the builder's appeal against the work order requiring the builder to perform specified works to remedy major defects in the residential development, and refused leave to appeal against the interlocutory decision to refuse adjournment.

APPLICATION FOR INTERIM ORDERS – where the applicant seeks interim orders for an administrator to be appointed – whether there are urgent circumstances that warrant interim orders being made. Act, ss 152, 279; Commercial Module, ss 127

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

REASONABLENESS – whether the committee’s decision to reject a request to display commercial signage on a lot was unreasonable. Act, ss 94(2), 100(5)

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

COMMITTEE SPENDING – where purported spending by the committee exceeded the relevant limit for major spending- circumstances where spending beyond relevant limit for committee spending can be subsequently ratified by a general meeting INTERIM ORDER – Application for interim order–whether Adjudicator can be satisfied that an application raises a serious legal question and that the balance of convenience between the parties justifies injunctive relief. SDW2 Pty Ltd v JLF Corporation Pty Ltd [[2017] QSC 001](/cgi-bin/LawCite?cit=%5b2017%5d%20QSC%20001 "View LawCiteRecord") Australian Broadcasting Corporation v O’Neill [[2006] HCA 46](/cgi-bin/viewdoc/au/cases/cth/HCA/2006/46.html "View Case") Act s 279, Accommodation Module ss 125, 127, 163.

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

INTERIM ORDER– whether an interim order is warranted to restrain the body corporate from acting on motions allegedly passed by the committee for works to a planter box and fencing within the boundaries of two lots. Act, s 279.

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

MAINTENANCE – whether the body corporate must engage a project manager to oversee the remediation of the rooftop waterproof membrane. Act, ss 94(2); Accommodation Module, s 170(1).

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.

ACCESS TO A LOT – whether body corporate is required to compensate owner for inability to use part of the lot whilst works authorised by the body corporate are performed. Act, ss 94(2), 100(5), 156, 163; Standard Module, ss 52, 189

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

BY-LAW – A by-law only allows curtains to be installed where they have backings of a colour and design approved by the body corporate. The respondents hung sheer curtains with no backings and the applicant seeks an order that they must be replaced with curtains with a light-coloured backing.

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

DISMISSAL – ADJUDICATORS POWERS – ECONOMIC LOSS –CONSENT ORDERS The applicant lot owners allege the respondent body corporate has failed to maintain common property by failing to rectify building defects, and that the applicants have thereby suffered property damage and economic loss. The applicants seek orders that the body corporate repair the defects and remedy the applicants economic losses. The parties agree that the maintenance liability issue is so complicated that it is not suitable to be decided in this jurisdiction, and note that the dispute is also factually related to a proceeding already before a court. The parties note that an adjudicator lacks power to make the requested maintenance order to the extent the cost of repairs exceeds the monetary limit for an adjudicator’s order, and contend that an adjudicator also lacks power to make the requested order for economic loss. The questions for determination are: whether an adjudicator has power to order relief for economic loss; whether in any event it is appropriate to dismiss the application on the basis that the dispute should be dealt with in a court or tribunal of competent jurisdiction, and if so; whether to make the order dismissing the application by consent. Act, s 276; 270(1)(b); 276(5), 281

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

BY-LAWS; IMPROVEMENT TO COMMON PROPERTY – whether the respondent must relocate an air conditioning condenser and remove a hot water service that were installed on common property without body corporate approval. Act, s 184; Commercial Module, s 134.

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.

INTERIM ORDER – whether an interim order is warranted Act, s279

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.

IMPROVEMENT TO COMMON PROPERTY; GENERAL MEETING MOTION; REASONABLENESS – whether the body corporate acted unreasonably when refusing to pass a motion to permit the applicant to erect awnings over parking spaces on common property; whether the motion should be deemed to have passed. Act, s 94(2); Commercial Module, s 134.

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

INTERIM ORDER – whether an interim order is warranted to retrain the respondent lot owner from acting on motions allegedly passed at a general meeting of the body corporate. Act, s 279

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

IMPROVEMENTS TO LOT – where the respondents have removed internal kitchen walls from their lot BY-LAWS -Where a by-law requires body corporate approval for structural alterations, and the body corporate approval not obtained EASEMENTS OF SUPPORT RES JUDICATA– whether same matter has been finally decided Act, s 163, s 279(1). Standard Module, s 180(2)(b) Land Title Act 1994 s115N

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

PROPERTY DAMAGE; MAINTENANCE Act, ss 94(2), 152, 270(1)(b), 281; Standard Module, ss 162(2), 171(2), 180, 211(3)

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

INSURANCE – whether an owner has failed to pay their share of body corporate insurance. Two-lot Schemes Module, ss 47-59

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

MEETING PROCEDURES – whether vote passed outside committee meeting is valid – whether AGM held outside of legislative timeframe is valid. Commercial Module, ss32, 33, 40

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

IMPROVEMENT TO LOT; BY-LAW – whether the respondent breached a by-law by removing carpet and installing stone polymer composite flooring in her lot without body corporate approval; whether she must obtain the approval of the body corporate or remove the new flooring and reinstate carpet. Act, s 59; Land Title Act 1994, s 115L(3).

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

INTERIM ORDERS – whether interim orders are warranted in the circumstances. Act, ss 94(2), 100(5) and 279

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

INTERIM ORDER – where body corporate committee resolved to commence legal proceedings - whether interim order is warranted. Act, s279(1)

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

GENERAL MEETING MOTION – The body corporate resolved by ordinary resolution to replace the roof. The applicant says the resolution should be deemed void because the new roof was an improvement requiring authorisation by special resolution, the contractor was not licensed for the work when submitting the quotation, the quotation was not sufficiently detailed, the contractor was not reputable, the motion authorised an “engagement” where a written contract was required, and the meeting was inquorate. Act, s 101B(3); Standard Module, ss 45, 58(6), 99, 100, 172(1)(a), 180(1), 186.

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