Decisions table

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 a roofing structure and/ or utility infrastructure Act ss 152, 227, 228, 276, 281; Standard Module, s 180. 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") Costa D’ora Apartments [[2006] QBCCMCmr 628](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2006/628.html "View Case") Klinger & Anor v Body Corporate for Costa D’Ora [[2007] QDC 300](/cgi-bin/viewdoc/au/cases/qld/QDC/2007/300.html "View Case").

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

GENERAL MEETING MOTION – whether body corporate acted reasonably when it decided at a general meeting to resolve to remove pavers from an area of common property and replace them with grass. Act, ss 94(2), 270(3)

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

IMPROVEMENT TO COMMON PROPERTY – whether replacement of gas hot water system with electric hot water system constitutes an improvement to common property – whether statutory easement extinguished – whether body corporate acted reasonably in refusing to approve air conditioning unit as an improvement to common property. GENERAL MEETING MOTION – whether clause in motion purporting to take effect upon that motion failing to pass is valid. Act, ss 68, 70, 94, 187, 280; Land Title Act 1994 (Qld), s 115O

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

IMPROVEMENT TO COMMON PROPERTY – whether replacement of gas hot water system with electric hot water system constitutes an improvement to common property – whether statutory easement extinguished. GENERAL MEETING MOTION – whether clause in motion purporting to take effect upon that motion failing to pass is valid Act, ss 68, 70; Land Title Act 1994 (Qld), s 115O

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

BY-LAWS –whether the by-laws referred to in the application bind the respondent as the owner of a lot – whether the applicant has provided evidence that the respondent is in breach of the by-laws. Act, ss 20, 35, 59, 62, 58; Standard Module, ss 187, 193

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

MAINTENANCE – whether the body corporate must replace a balcony handrail to match handrails on nearby common property, reimburse the applicant for a stop cock he installed on common property in preparation for a renovation to his lot, or trim trees around the common property pool pursuant to a general meeting resolution. Act, ss 20, 101(2), 166; Standard Module, ss 180, 187.

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

MATERIAL CHANGE OF USE – where the applicant seeks body corporate consent to apply for approval to change the use of its lot – where the applicant does not agree with the body corporate’s conditions for giving consent – whether the body corporate failed to act reasonably. Act, ss 94, 100

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

GENERAL MEETING MOTION– where an owner sought body corporate approval for an improvement to their lot and exclusive use area – whether approval was required – whether the body corporate acted unreasonably in refusing consent. Act, s94(2); Standard Module, s 193

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

IMPROVEMENT TO COMMON PROPERTY; GENERAL MEETING RESOLUTION, REASONABLENESS – The applicants installed air conditioning infrastructure on common property with the written authorisation of the committee chair but without the authority of a body corporate resolution. They submitted a motion seeking retrospective approval to a general meeting but it failed to pass. Whether the body corporate has acquiesced to the infrastructure, it benefits from a statutory easement, or the body corporate acted unreasonably when refusing to grant retrospective approval. Whether the motion should be deemed carried. Act, ss 35(1), 94(1)(a)&(2), 97, 280; Standard Module, ss 187; Land Title Act 1994, ss 48C(1), 49C(4), 115O(1).

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 MOTION – where a motion proposed to amend a clause of a caretaking and letting agreement – where the legislation therefore required voters to be provided with material including the terms and effect of the amendment – whether that requirement was satisfied – where the explanatory note allegedly did not put a balanced view for and against the proposed amendment – where a caretaking service contractor is obliged under the Code of Conduct to act in the body corporate’s best interests – whether the caretaking service contractor was therefore obliged to put a balanced view in the explanatory note – where the explanatory note allegedly misrepresented a legal proposition concerning the amendment – whether the legal proposition was an expression of opinion – whether an expression of opinion can be misleading conduct if the opinion is incorrect – whether the explanatory note was misleading to the extent the decision to pass the motion was unreasonable SECRET VOTING – where a motion was required to be decided by secret ballot – where voters were instructed to vote in hard copy and electronically – where the body corporate had not authorised electronic voting for secret ballots – where the electronic votes were ruled out of order and not counted – where the motion was declared passed based on the hard copy votes – whether the electronic voting process affected the outcome – whether the resolution should be invalidated because the electronic voting process was unauthorised Act, ss 118, Sched 2 item 4 Accommodation Module, ss 99(1), 125(2)

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

BY-LAWS – where the respondent has installed a solar system but the owners of another lot have complained that the power box for the solar system is blocking the ocean view from the bedroom of their lot – whether the respondent is in breach of the scheme’s by-laws. Act, ss 94, 182

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

GENERAL MEETING MOTION – INSURANCE – whether the body corporate acted reasonably in refusing to reimburse the applicant’s insurance excess payment – whether it was reasonable in all the circumstances for the excess to be paid by the owner of the lot IMPROVEMENT TO COMMON PROPERTY – whether the body corporate acted reasonably in refusing to install reflux devices on common property. Act, s 94(2); Accommodation Module, s 193.

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

COMMITTEE PROCEDURES – whether committee resolution to improve common property by removing stairs changed rights and privileges of owners or disposed of an interest in common property – when body corporate can ratify committee decisions – purpose of declaratory orders MAINTENANCE – whether committee acted reasonably by removing instead of maintaining stairs – whether body corporate discharged maintenance obligations where unsafe balustrade temporarily locked off COSTS – purpose of ancillary and consequential provisions in orders Act, ss 94, 270, 280, 284; Standard Module, ss 52, 180, 184, 186

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

IMPROVEMENT TO COMMON PROPERTY – where the respondents extended a deck over unallocated common property as authorised by ordinary resolution – whether a resolution without dissent was required – whether the deck extension must be removed. Standard Module, ss 102(2), 184(2)(a).

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

Costs; Owners Corporations

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

GENERAL MEETING MOTIONS – whether motions passed at a general meeting are valid – whether the body corporate could resolve to install fencing and gates on common property – whether the body corporate could require alterations to a stormwater pipe or undertake the work itself and recover the cost as a debt - whether motions to approve deck extension amounted to a disposition of common property and required a resolution without dissent. Act, ss 62, 94, 242, 270; Standard Module, ss 184, 186, 187, 211, 212

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

REASONABLENESS of body corporate’s refusal for IMPROVEMENT TO COMMON PROPERTY, EXCLUSIVE USE AREA. Act, ss 94(2), 100(5), 159; Standard Module, s 187

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

REASONABLENESS – where the body corporate commissioned a report and repaired two windows in a boundary wall and one window and two doors that were part of a lot, whether the committee acted reasonably in the circumstances in making decisions about maintenance obligations and to apportion the total cost of the report to the body corporate, and only apportion 20% of the costs of the repairs to the lot owner – whether orders sought are warranted. Act, ss 94, 100(5), 160, 161, 280; Accommodation Module, ss 170, 200, 201(3), 202

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

MAINTENANCE – whether owner has failed to maintain the lot in good condition – whether the lot is in a clean and tidy condition Accommodation Module, s 201

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

BY-LAWS – whether unapproved change to external appearance of exclusive use area contravened by-law – whether unapproved improvement to exclusive use area contravened by-law – whether approvals for alleged contraventions withheld unreasonably. Act, ss 94, 184

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

MAINTENANCE UNDER BUILDING FORMAT PLAN – where water is entering the applicant’s home from the balconies of her lot and the common property roof, and noise is entering from an extraction fan on the roof – whether the body corporate must rectify the water ingress and the damage it has caused, repair the roof, and engage someone to investigate the noise from the extraction fan – whether the body corporate must reimburse costs incurred by the applicant in pursuit of these issues. Act, ss 20, 280, 281; Accommodation Module, ss 163, 170.

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

ANIMAL BY-LAW – where owner has approval to keep pet dog in the scheme – where owner disputes condition requiring the animal to be carried or contained on common property – whether the condition should be amended to allow the dog to be kept on a leash. Act, ss 94(2), 100(5)

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

JURISDICTION – meaning of dispute – whether committee for a body corporate has standing to bring application against that body corporate. Act, ss 227, 270, 276

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

• Karen Marie Gill lot owner
• The Owners – Strata Plan No. 17913 owners corp
• Warwick Young manager

Leave to appeal was refused and the appeal was dismissed; the Tribunal's original decision dismissing the applicant's application for removal of the building manager/committee chairperson and various management orders was upheld.

BODY CORPORATE PROPERTY – whether the body corporate has validly requested the return of body corporate property from its body corporate manager - whether the manager has failed to comply with the request – BODY CORPORATE MANAGER – whether other orders are warranted regarding the conduct of the body corporate manager. Standard Module, s 235

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

MAINTENANCE – whether the respondents have failed to maintain their garage – whether the respondents should be required to undertake remedial works – whether costs should be awarded. Standard Module, s 211

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

BY-LAWS – where a by-law requires body corporate approval to display signs on the visible parts of a lot – where the respondent has two signs in his lot that are visible from the common property - whether the signs have been approved by the body corporate or the body corporate has acquiesced to them – whether the signs must be removed.

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

IMPROVEMENT TO COMMON PROPERTY – where the respondents extended a deck over unallocated common property as authorised by ordinary resolution – whether a resolution without dissent was required – whether the deck extension must be removed. Accommodation Module, ss 102(2), 184(2)(a).

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

IMPROVEMENT TO COMMON PROPERTY – whether body corporate acted unreasonably by failing to approve installation of lift for access to lot – sufficiency of information provided in motions – relevance of claim of breach of anti-discrimination legislation – opposition to exclusive use motion founded in factors weighing against approval of improvement. BCCM Act, ss 94, 171; Standard Module, ss 187

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

Building and Property

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

BY-LAWS - whether a lot occupier’s dog is causing unreasonable interference in breach of the by-laws - whether noise amounts to unreasonable interference – applicant’s obligation to prove application Act, ss 167, 169, 180

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

COMMUNITY MANAGEMENT STATEMENT – whether the community management statement includes an error in the allocation of an exclusive use car space. Act, ss 62, 171

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

COMMITTEE RESOLUTION; IMPROVEMENT TO LOT – where a by-law requires committee consent to construct a dwelling on a lot – where the committee refused consent, in part because the proposed dwelling was smaller and cheaper than other dwellings at the scheme – whether the committee’s decision should be reversed.

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

COSTS – party/party – self-represented litigant – where application made by defendant for gross sum costs orders under s 98(4)(c) of the Civil Procedure Act 2005 (NSW) following summary dismissal of plaintiff’s claim – where conduct of the plaintiff significantly increased costs and disbursements incurred by the defendant – application granted

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, 152, 279

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

MAINTENANCE / PROPERTY DAMAGE – whether painting common property roof constitutes damage – INSURANCE – responsibility for body corporate insurance. Act, ss 180; Standard Module, ss 197, 198, 201, 206

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.

COMMITTEE MOTION – whether committee had the power to vary a policy restricting use of the pool for an aqua aerobics class – whether committee decision varied the rights, privileges, or obligations of owners Act, s 94

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

BY-LAWS; IMPROVEMENT TO LOT – where an owner installed new hard flooring in her lot in 2018 that did not achieve the floor impact insulation prescribed by the by-laws at that time, and continues to fail the more relaxed standard in the present by-laws - whether the owner must alter the flooring to achieve the present standard. Act, ss 59(2)(b), 97.

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

• Moira Bass-Skardon lot owner
• Anthony Abbess lot owner
• The Owners-Strata Plan No 33038 owners corp

The owners corporation was ordered to perform repairs to the sub-floor beneath Lot 6 and install a drainage system within 3 months, with all other applications dismissed.

STRATA PLANS - Operation of Car Park contrary to development application - Whether the tort of unlawful interference with trade forms part of the common law of Australia

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

BY-LAWS; ADMINISTRATOR; COSTS – whether the body corporate must enforce the scheme’s by-laws against the committee chairperson because he has been instructing body corporate contractors by email from his lot; whether the scheme requires an administrator; whether the applicant should pay the body corporate’s costs incurred in response to the application. Act, ss 94(2), 183(1)-(2),185(2)(a), 270(1)(c); Accommodation Module, ss 47(3)(b), 50, 60(3).

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

NUISANCE / BY-LAWS – where the applicant alleges the respondents are making excessive noise which is impacting the peaceful enjoyment of his lot – whether the orders sought by the applicant are warranted in the circumstances. Act, ss 167, 185

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

BUDGETS – whether failure to adopt sinking fund budget and set contribution amount was a contravention of the legislation and unreasonable. Act, ss 94(2), 100(5); Small Scheme Module, s 79

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

MAINTENANCE; PROPERTY DAMAGE; COSTS – where the applicant claims overland flows from common property behind his lot have damaged his home, but there is little evidence the common property stormwater infrastructure in the area is in poor condition – whether the body corporate is in breach of its obligation to maintain the infrastructure in good condition - whether the body corporate is obliged to install additional infrastructure to reduce the flows – whether the body corporate must pay to repair the damage to the applicant’s home – whether the applicant must compensate the body corporate for loss resulting from the application. Act, ss 270(1)(a)-(c) & (3)(b), 281; Standard Module, ss 84, 86(5), 173, 186(1).

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

INTERIM ORDER – MAINTENANCE – where the body corporate removed hedging plants from a planter box inside a lot due to failed waterproofing membrane – where the removal has altered the lot and increased lines of sight into the lot from common property recreational facilities – whether temporary measures should be taken to reinstate privacy to lot. Act, s 279; Accommodation Module, s 170

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

NUISANCE – whether shouting and screaming amounted to unreasonable interference or nuisance – whether throwing glass and ceramic rubbish on a common property roadway amounted to unreasonable interference or nuisance – whether interfering with the travel of a car over the common property amounted to a nuisance Act, ss 94, 167

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

LAND LAW – Strata title – By-laws – Whether By-law granting exclusive use rights conditional on four critical obligations had been complied with – Whether clause of By-law ceasing exclusive use rights unless critical obligations were complied with is unjust – Whether clause of By-law ceasing exclusive use rights unless critical obligations were complied with is unconscionable, harsh or oppressive – Whether special levies are unreasonable – Award as to damages- reasonableness of costs – quantum a

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

INTERIM ORDER – MAINTENANCE – where the body corporate removed hedging plants from a planter box inside a lot due to failed waterproofing membrane – where the removal has altered the lot and increased lines of sight into the lot from common property recreational facilities – whether temporary measures should be taken to reinstate privacy to lot. Act, s 279; Accommodation Module, s 170

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