Decisions table

ORDERS – whether a referee may make orders compelling a respondent to explain its actions to the applicant Act s 75, 77

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

Whether an annual general meeting was held within three months of the end of the scheme’s financial year, whether owners were given proper notice of a general meeting; whether a motion was decided by the correct resolution; whether the application is frivolous, vexatious, misconceived or without substance. Act, ss 104, 270; Standard Module, ss 83, 160, 181, 186.

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

RECORDS – where the applicant seeks body corporate records – whether requested records exist – whether records are subject to legal professional privilege – whether the body corporate has failed to comply with its statutory obligation to provide records. Act, s 205

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

RECORDS – where the applicant seeks body corporate records –whether the body corporate has failed to comply with its statutory obligation to provide records. Act, s 205

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

RECORDS – where the applicant seeks body corporate records –whether the body corporate failed to comply with its statutory obligation to provide records – COSTS – whether the application is frivolous, vexatious, misconceived or without substance – whether costs should be awarded. Act, s 205, 270(1)(c), 270(3)

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

COMMITTEE RESOLUTION – whether a committee resolution to change the security gate locks from coded locks to security key locks and issue one security key to each lot owner, was a decision on a restricted issue. Act, s 100(1)-(2); Commercial Module, ss 17(1)(a).

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

BY-LAWS – EVIDENCE – where body corporate alleges respondents have contravened various by-laws – whether evidence of alleged contraventions is sufficient. Act, s 269

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

RECORDS – whether the body corporate is required to provide an unredacted copy of the roll Act, s 205; Accommodation Module, s 213

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

Access to body corporate records by owner. Act, ss 94, 205; Accommodation Module, ss 213, 220, 221

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

SECURITY ACCESS DEVICES – where the respondent previously had 7 swipe cards or windscreen stickers – where some devices have been lost or damaged – where the body corporate has a policy of only allowing 4 access devices per lot – whether the committee’s refusal to allow the applicant to purchase more access devices was unreasonable. Act, ss 94(2), 100(5)

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

INTERIM ORDER – whether to grant interim order. Act, s 269

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

INTERIM ORDER – whether interim order is warranted. Act, s 269

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

LANDSCAPE AND CONSTRUCTION CODE – where the respondents have constructed a fence on their lot – whether the respondents were required to seek body corporate approval for the fence – whether the fence breaches the Landscape and Construction Code – whether the fence should be removed – whether the respondent should be ordered to pay the conciliation and adjudication application fees to the applicant. Act, ss 24, 31, 66, 94, 227, 228, 280; Standard Module, s 6(b)

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

ANIMAL BY-LAW – whether the body corporate acted unreasonably in refusing to give permission to keep a dog Act, ss 94(2), 100(5)

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

ANIMAL BY-LAW – whether the body corporate acted unreasonably in refusing to give permission to keep two dogs Act, ss 94(2), 100(5)

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

CONDUCT OF GENERAL MEETINGS. REQUIREMENTS FOR A NOTICE OF A GENERAL MEETING. REASONABLENESS DISCLOSURE Palm Springs Residences v J Patterson Holdings Pty Ltd [2008] QDC Fraser v NRMA Holdings Ltd (1995) 55 FCR 452 Morat Pharmaceuticals Pty Ltd v Hoft Pty Ltd & Anor [](http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QCA/2014/319.html "View Case")[[2014] QCA 319](/cgi-bin/viewdoc/au/cases/qld/QCA/2014/319.html "View Case")

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

MAINTENANCE UNDER BUILDING FORMAT PLAN; GENERAL MEETING PROCEDURES – whether to reduce the notice period for a general meeting so the body corporate can urgently seek authority to: have propping installed beneath failing footings and floor joists, and engage an engineer in relation to the repairs that are to follow. Act, ss 10(2)(b), 243A; Standard Module, ss 91, 172, 173, 180(1); Land Title Act 1994, s 48C.

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

• Leigh Allsopp lot owner
• The Owners - Strata Plan No 6006 owners corp

Leave to appeal was refused and the appeal was dismissed, with the appellate tribunal finding no error of law or appellable error of fact in the first instance tribunal's decision to dismiss the application for compulsory appointment of a strata managing agent.

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 LOT; COMMITTEE RESOLUTION; BY-LAWS – whether owners who replaced carpet with a tiled floor in their living area met the requirements of a flooring by-law; whether the committee acted unreasonably when refusing to approve the new floor covering. Act, ss 62(3)(a), 100(5).

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

EXCLUSIVE USE COMMON PROPERTY – regarding lot owner’s exclusive use common property - whether installation of a shed was an unauthorised improvement - whether garden edging requires replacing by respondent - whether plants damaged in breach of by-laws - whether exclusive use area is being kept in a clean and tidy condition. Act, ss 94 and 100(5); Accommodation Module, s 183

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

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.

• Coscuez International Pty Ltd lot owner
• The Owners – Strata Plan No 46433 owners corp

The Tribunal made a common property rights by-law proposed by the lot owner, declared three special by-laws invalid as harsh, unconscionable or oppressive, and dismissed the owners corporation's application for removal of the swinging door.

BY-LAWS – whether the respondent installed an electricity meter for its lot without approval – whether the respondent breached the by-laws – whether the body corporate can or should approve the installation. Act, ss 94,100; Accommodation Module, ss 88, 177

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

GENERAL MEETING MOTION – whether a motion was valid. Act, s 276

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

GENERAL MEETING PROCEDURES – whether the body corporate can hold its annual general meeting outside the legislative time limit. Accommodation Module, s 73

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

• The Owners – Strata Plan No 16857 owners corp
• Peter Barnett Hyman lot owner
• Janiene Hyman lot owner

Leave to appeal was refused and the Tribunal's interlocutory decision requiring production of an acoustic expert report was upheld, as the report was prepared for the dominant purpose of filing in the Tribunal rather than for provision of professional legal services and thus not subject to legal professional privilege.

APPLICATION FOR INTERIM ORDERS – whether the respondents ought to be prevented from acting upon committee and ordinary resolutions to remove a fence from within an exclusive use area because it may amount to a disposal of common property requiring authorisation by resolution without dissent. Act, s 279(1); Accommodation Module, ss 44(1)(d), 174(2)(a)(i), 180(1)(c), 183.

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

IMPROVEMENT – ALLEGED BREACH OF BY-LAWS – whether the respondent should be ordered to remove a fence and gate partly enclosing common property – whether the respondent inherited the by-law breach – whether the body corporate acquiesced to the improvement – whether the committee acted reasonably in seeking removal Act, ss 59(2)(b), 66(1)(e), 94(1) & (2), 100(5), 182(1) & (5), 184. Body Corporate and Community Management Act Body Corporate and Community Management (Standard Module) 2020 s 184 Katsikalis v Body Corporate for The Centre [[2009] QCA 77](/cgi-bin/viewdoc/au/cases/qld/QCA/2009/77.html "View Case") Orknie P/L v Body Corporate for Paloma [[2010] QCATA 52](/cgi-bin/viewdoc/au/cases/qld/QCATA/2010/52.html "View Case")

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 – whether an interim order is necessary because of the nature or urgency of the circumstances to which the application relates. ADJUDICATOR’S POWERS – whether Adjudicator can be satisfied that an application raises a serious legal question and 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.

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

• Hua Nan Trading Pty Ltd lot owner
• The Owners – Strata Plan No 32396 owners corp

The application was dismissed because it was filed outside the two-year statutory limitation period under section 106(6) of the Strata Schemes Management Act 2015, and the Tribunal does not have jurisdiction to extend this time limit under section 41 of the NCAT Act.

Whether owners are entitled to reasonable use and enjoyment of common property; whether the body corporate has restricted reasonable use and enjoyment of common property; whether the body corporate acted reasonably. Act, ss 35, 94, 95.

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

• Georgette Benson lot owner
• The Owners, Strata Plan No 17676 owners corp

The appeal was dismissed; the Tribunal's decision requiring Ms Benson to permit access to her lot for replacement of brushwood fencing as authorised common property work was upheld, and her cross-claim for a by-law was rejected.

IMPROVEMENT TO COMMON PROPERTY – whether a committee resolution to install a roof access hatch on common property was invalid due to the value of the improvement; whether the committee acted unreasonably when passing the resolution. Act, s 100(5); Standard Module, ss 52(1)(d), 186.

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

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.

COMMITTEE RESOLUTIONS – whether committee decisions are being made at committee meetings or by vote outside committee meetings and all committee members involved as required; whether proper minutes are being recorded and circulated to committee members. BODY CORPORATE RECORDS – whether the committee unlawfully withheld body corporate records from a committee member and ought to provide them. MAINTENANCE UNDER BUILDING FORMAT PLAN – whether the committee must repair a light in a garage and balustrade on a rooftop, where both are within a lot; whether the committee must have any work to common property performed by qualified and insured tradespeople; whether the committee must obtain written confirmation from its fire safety contractor that all defects have been rectified. BUDGETS – whether the committee must obtain a sinking fund forecast; whether the committee must conduct a budget process at a committee meeting at least six weeks prior to an AGM; whether the administrative fund budget can plan for a deficit. BY-LAWS – whether the committee must act on the applicant’s notification that a committee member parked in breach of the by-laws. Act, ss 97, 183, 204, 205, 252E(5); Standard Module, ss 55, 65, 66, 68, 69, 71, 83(1), 87(3)(a), 91, 150(2), 160(5), 180(2)(a)(i), 211(3), 232.

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.

INTERIM ORDER – whether interim order is warranted. Act, s 269

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

REQUESTED EXTRAORDINARY GENERAL MEETING – where more than 25% of lots’ owners served notice on the committee to request an EGM be called – where the secretary disputed the validity of some signatures on the notice and therefore decided there were not at least 25% of owners as signatories – where the secretary did not call the requested EGM – where the caretaking service contractor as a non-voting committee member called the EGM because the secretary failed to call the EGM – whether the secretary’s decision that the notice was invalid thereby rendered it a nullity – whether a non-voting committee member is a committee member who may call a requested EGM which the secretary has failed to call – where the notice also requested the non-voting member to call the EGM in the event the secretary did not call it – whether the signatories’ written request for another committee member to call the EGM must come after and separately from the notice served on the secretary. REASONABLENESS – where the body corporate passed a motion to reserve as a restricted issue for the committee any decision concerning a remedial action notice – whether the decision was unreasonable ASSOCIATE – where caretaker is mortgagor for property owned by committee member’s spouse – whether a mortgagor / mortgagee relationship is the type of association which renders a person ineligible to be a committee member Act, ss 94, 309; Standard Module, ss 84, 85

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

• Maurice Clifford Westerweller lot owner
• The Owners - Strata Plan No. 18482 owners corp

The application for appointment of a compulsory strata managing agent was dismissed as the consent orders regarding roof repairs had been complied with and no grounds for appointing a compulsory manager under section 237 of the Strata Schemes Management Act 2015 were established.

GENERAL MEETING – NOTICE PERIOD – whether to make 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.

INTERIM ORDER – whether an interim order is necessary because of the nature or urgency of the circumstances to which the application relates. ADJUDICATOR’S POWERS – whether Adjudicator can be satisfied that an application raises a serious legal question and 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.

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

Whether a voter gave a general meeting voting paper to the secretary in accordance with the Act. Act, s 104; Accommodation Module, ss 94, 95, 210.

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

• Nicholas Miroforidis and Alexandra Miroforidis lot owner
• The Owners - Strata Plan No 75809 owners corp

The Tribunal ordered the owners corporation to pay the lot owner $24,860 in damages for breach of its duty to keep and maintain common property in a state of good repair, comprising $5,940 for repairs and $18,920 for loss of rental income.

Whether a motion on the agenda of a general meeting was contrary to the Act; whether votes cast at a general meeting were contrary to the Act; whether the body corporate has a duty to carry out works on trees on common property; whether the body corporate has acted reasonably; whether to reimburse application fees. Act, ss 94, 95, 152; Accommodation Module, ss 104, 120, 170.

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

No 2; Building and Property

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

CORPORATIONS — Voluntary winding up — Practice and procedure — Leave to continue proceedings in circumstances where final hearing is one week away

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

MAINTENANCE – where the body corporate resolved to engage contractors to rectify defective balcony waterproofing that has resulted in water ingress and damage to lots below – where the body corporate has not implemented the motion – whether orders are warranted. Act, ss 94, 100(5), 101(2); Standard Module, s 180

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

IMPROVEMENT TO COMMON PROPERTY – where the committee approved the owners of a lot to install an air conditioning unit on common property ‑- whether the committee had the power to make the decision – whether the committee acted reasonably. Act, ss 68, 69, 94, 100, 167; Standard Module, ss 52, 68, 71, 187

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