Decisions table

• The Owners – Strata Plan No 89044 owners corp
• Dreizi Constructions Pty Ltd builder

Consent orders were entered requiring the builder to undertake rectification works, with each party to bear its own costs on the basis that both parties acted reasonably and the matter was settled through compromise rather than capitulation.

• Joanne Constantinou lot owner
• Stanley Stephen Dipsellas lot owner
• The Owners – Strata Plan No 20736 owners corp

The Lessor's application for costs in both proceedings was dismissed and no order as to costs was made, with each party to bear their own costs.

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.

LAND LAW - Strata title - Whether proposed by-law unreasonably refused

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

• The Owners - Strata Plan No 31284 owners corp
• Alfesani Mustafa lot owner
• Richard Young party
• Jorge Gallo party

The Tribunal dismissed the applicant's costs application, finding no special circumstances warranting a departure from the general rule that each party bears its own costs.

EMERGENCY EXPENDITURE – whether the body corporate should be permitted to exceed the relevant limit for committee spending without the authority of a general meeting resolution so it may replace the scheme’s hot water system; whether more frequent leaks and the risk of significant failure constitute emergency circumstances. Act, s 243A; Accommodation Module, ss 162, 163.

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

COMMITTEE – ELECTION – TIED BALLOT – where votes for last committee ordinary member position were tied between two candidates – where meeting decided to determine the result by a coin toss – where first coin toss was disputed and two more tosses were conducted to decide the outcome by best of three – where the applicant won first coin toss but lost the next two – where the other candidate was declared the winner – where there was no clear meeting decision whether to conduct only one or three tosses – where applicant seeks order to overturn the declared result\_‑\_ – whether result was decided in the way the meeting decided – whether just and equitable to make requested order Standard Module, s 39

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

• Penelope Louise Hill lot owner
• The Owners - Strata Plan No 16519 owners corp

The appeal against the Tribunal's decisions of 21 December 2021 and 14 March 2022 dismissing Ms Hill's application for full compliance with section 182 of the Strata Schemes Management Act was dismissed, and the respondent's application for costs of the appeal was also dismissed.

Whether body corporate failed to act reasonably in not passing a motion to reimburse owner costs associated with termite damage to lot. Act, s 94; Standard Module, ss 180, 211(3)

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

REQUESTED EXTRAORDINARY GENERAL MEETING – where owners served notice on the committee to requested the committee to call an EGM – where the secretary disputed the validity of the requested EGM notice and 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 – whether to make interim orders to stop the EGM or the implementation of any resolutions Act, s 279; Standard Module, ss 9, 12, 82, 84, 85

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

Responsibility for repair of damage to lot caused by backed up kitchen sink, where not all covered by insurance. Act, ss 20, 84(2), 280, 281; Standard Module, ss 180, 198

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

• Jessica Silberstein lot owner
• The Owners - Strata Plan No. 55468 owners corp
• Michael Adamo party
• Peter Michael Hans Engelbert party
• William Paul O'Brien party
• Terence Matthew Gagen party

The application to strike out paragraphs and restrain use of documents was dismissed, but the applicant was ordered to file amended pleadings within 14 days and documents subject to legal professional privilege were found inadmissible at the hearing.

FIRST ANNUAL GENERAL MEETING – whether to make an order requiring the body corporate to call a general meeting and to deem it to be the first annual general meeting. Accommodation Module, s 84

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

BY-LAWS –enforcement of by-laws under the Act. Act, ss 59, 182, 184

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

FIRST ANNUAL GENERAL MEETING – whether to make an order requiring the body corporate to call a general meeting and to deem it to be the first annual general meeting. Standard Module, s 94

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.

GENERAL MEETINGS – where the applicant objects to various matters relating to the conduct of general meetings, motions and meeting minutes – whether orders to invalidate motions, pass motions, invalidate an election, and invalidate a meeting notice and minutes are warranted. Act, ss 270(1)(c), 276, 323D, 323E; Standard Module, ss 10, 11, 13, 15-18, 21-39, 44, 45, 47, 48, 52, 84, 88, 93, 98, 113, 114, 117, 119, 156, 160-162, 172-177, 195-209

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

• The Owners – Strata Plan No. 18229 owners corp
• Jakabah Pty Ltd lot owner

The appeal by the Owners Corporation against the Tribunal's order granting Jakabah Pty Ltd consent to lodge a development application was dismissed, with the Tribunal's original decision upheld.

Owners Corporations

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

EXCLUSIVE USE – WHERE IMPROVEMENTS MADE TO EXCLUSIVE USE AREA- RATIFICATION Act, ss 159, 270, 276; Standard Module, ss 187, 193

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

PRINCIPAL BODY CORPORATE - SUPPLY OF SERVICES BY BODY CORPORATE - SECURITY SERVICES - Act, ss 158; Standard Module, ss 210.

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.

APPLICATION FOR INTERIM ORDERS – whether the body corporate should be prevented from acting further on a resolution to engage a service contractor until questions can be resolved about whether owners were given the terms of the engagement prior to voting and whether the engagement is contrary to a by-law; where the service contractor’s engagement has already been executed. Act, s 279(1); Accommodation Module, s 125(2)(c)(i).

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

Application for interim order to prevent disputed general meeting resolutions from being implemented – whether warranted in the circumstances. Act, ss 94(2), 279; Accommodation Module, ss 18(2)(b), 74

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.

FINANCIAL YEAR – whether 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.

• The Owners – Strata Plan No 20427 owners corp
• A Halliwell Nominees Pty Ltd lot owner
• Peter Irvine lot owner

The appeal was allowed in part; order requiring lodging of a building alteration plan was set aside, but the primary Tribunal's decision not to order removal of unauthorised works and restoration of common property was upheld.

Whether a person should be appointed as administrator; whether the committee was properly composed; whether contributions levied on owners are unreasonable. Act, s 301; Accommodation Module, ss 10, 150.

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

RECORDS – whether the body corporate has failed to comply with an obligation to provide access to records. Act, s 205; Standard Module, ss 231-233

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

• The Owners – Strata Plan No. 1813 owners corp
• Francis Johnie Keevers lot owner

The Owners Corporation recovered three separate instalments of unpaid special levies totalling $44,944.58 from the lot owner, together with interest and costs.

Whether a general meeting was properly called; whether proper notice was given of a general meeting; whether owners were entitled to vote at a general meeting. Accommodation Module, ss 49, 60, 150.

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 pending final orders from implementing a general meeting resolution that rescinded prior approval for an improvement to an exclusive use area; whether the resolution authorised the body corporate to remove the improvement. Act, ss 163, 279(1); Standard Module, s 116.

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

Resolutions unable to be implemented due to changed circumstances – whether orders required. Act, s 101(2); Standard Module, s 116

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

Whether emergency circumstances exist to warrant shortening the time notice of general meeting is given to owners. Act, ss 227, 229, 243A, 276; Accommodation Module s 81.

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.

MAINTENANCE UNDER BUILDING FORMAT PLAN – whether the body corporate must undertake repairs to the common property to address issues identified in a building inspection report obtained by a lot owner. INSURANCE – whether the body corporate’s insurance over the common property ought to cover damage caused by flooding. BUDGETS – whether the body corporate must obtain a sinking fund forecast. COMMITTEE RESOLUTIONS – whether a former committee validly resolved to pay for two titles searches; whether the body corporate must now make payment. MEETING PROCEDURES – whether the body corporate is conducting its meetings according to statutory requirements; whether it should be ordered to do so in future. BODY CORPORATE RECORDS – whether the body corporate can deny an owner access to body corporate records while the owner is pursuing legal proceedings against the body corporate. Act, ss 10(2)(b), 205, 281; Standard Module, ss 16(4), 55(3)(b), 64(2), 68, 71(2)(b), 160(3)(a), 180(1), 195, 197, 211(3), 232, 233; Body Corporate and Community Management (Standard Module) Regulation 2008, s 54(1); Land Title Act 1994, ss 48C, 49C(4).

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

• The Owners – Strata Plan No. 90347 owners corp
• President Properties Pty Ltd developer
• Stadurn Pty Ltd developer
• Trinity Constructions (Aust) Pty Ltd builder

The application was dismissed as the Tribunal did not have jurisdiction under the Home Building Act 1989 because the claim against the developers was lodged more than six years after completion of the building work, and the request to join Stadurn Pty Ltd and amend the application to add claims under the Design and Building Practitioners Act 2020 were refused.

REASONABLENESS – whether refusal of approval to keep an animal was unreasonable. Act, s 100(5)

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

• Simone Selkirk lot owner
• The Owners – Strata Plan No. 2661 owners corp
• Alexandra Stournas lot owner

Proceedings transferred to NCAT with no order as to costs; the Court declined to order the plaintiff to pay the first defendant's costs as the plaintiff had not acted unreasonably in commencing proceedings in the Supreme Court.

REAL PROPERTY - strata titles - section 130, Strata Schemes Management Act 2015 (NSW) – personal property REAL PROPERTY - strata titles – special by-laws – proper construction

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

BY-LAWS – whether a by-law is oppressive and/or unreasonable because it requires all pets to be carried, or conveyed in a container, over common property. Act, s 180(1)&(7). McKenzie v Body Corporate for Kings Row Centre [[2010] QCATA 57](/cgi-bin/viewdoc/au/cases/qld/QCATA/2010/57.html "View Case") Mineralogy Pty Ltd v “The Lakes Coolum” [[2002] QCA 550](/cgi-bin/viewdoc/au/cases/qld/QCA/2002/550.html "View Case") Body Corporate for River City Apartments v McGarvey [[2012] QCATA 47](/cgi-bin/viewdoc/au/cases/qld/QCATA/2012/47.html "View Case") Bayview Shores [[2014] QBCCMCmr 295](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2014/295.html "View Case") Trilogy [[2019] QBCCMCmr 286](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2019/286.html "View Case") Admiralty Towers II [](http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2019/567.html "View Case")[[2019] QBCCMCmr 567](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2019/567.html "View Case") Crystal Waters Permaculture Village & Ors v Boyle [[2020] QCATA 80](/cgi-bin/viewdoc/au/cases/qld/QCATA/2020/80.html "View Case")

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

Whether approval is required for installation of security cameras on common property. Act, ss 94(2), 167; Standard Module, s 187

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

IMPROVEMENT TO COMMON PROPERTY; BY-LAWS – whether a lot owner installed telecommunications equipment upon common property without body corporate approval; whether the installation was contrary to the regulation or by-laws; whether the owner should seek body corporate approval for the installation or remove it. Act, s 94(1)(a); Commercial Module, ss 133-134; Land Title Act 1994, s 115O(1).

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

POWER OF ATTORNEY – whether Original Owner exercised power of attorney only for a purposes disclosed in a written statement given to the buyer. Act, ss 211, 219

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 committee resolution restricting access to facilities accessed under a Shared Facilities Agreement– 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 interim orders. Act, ss 94(2), 276(1), 279(1). Commercial Module, ss 17, 22.

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

Whether the committee acted reasonably making a decision; whether the body corporate acted reasonably. Act, ss 94, 100.

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

COMMUNITY MANAGEMENT STATEMENT – where the community management statement includes incorrect references to lots in its exclusive use by-law – whether a new statement should be recorded to correct the errors. Act, s 62

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

MOTION TO TERMINATE CARETAKING AND MANAGEMENT AGREEMENT – REASONABLENESS - 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 Act, ss 94(2), 149(B), 276(1), 279(1). S 101 Commercial Module Regulation 2020

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

GENERAL MEETING MOTION – whether the applicant proposed a motion to change by-law conditions applying to animals at the scheme – whether the motion did not pass – whether the decision should be overturned. Act, ss 94, 169, 180

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

Responsibility for rectification of damage to lot caused by water ingress. Act, ss 94(2), 152, 281; Standard Module, ss 180, 211

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