Decisions table

GENERAL MEETING PROCEDURE – whether a meeting was held out of time – whether inadequate notice of the meeting was given – whether the meeting should be invalidated – CONFLICT OF INTEREST – whether committee members failed to disclose a conflict of interest – RECORDS – whether the body corporate failed to provide records in the required time. Act, ss 94, 100, 205, 276; Accommodation Module, ss 58, 73, 81

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

BY-LAW – where the respondent replaced the glass panel on the lot’s entry door with Perspex without body corporate approval – whether there is a contravention of the by-laws – whether the respondent must replace the Perspex with glass – whether the body corporate is acting reasonably.

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

INTERIM ORDERS – whether interim orders should be cancelled. Act, s 279(2)(b)

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

GENERAL MEETING MOTION – whether a motion was validly ruled out of order – whether orders about the ruling and motion are warranted. Accommodation Module, ss 40, 88

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

PROPERTY DAMAGE – whether the body corporate is responsible for the cause of water ingress to a lot, where the alleged cause is a failed waterproofing membrane in a planter box. Act, s 281; Standard Module, s 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 a change that was not properly authorised – whether a new statement should be recorded to rectify the unauthorised change. Act, ss 62, 171

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

Whether orders may be made against a subsidiary body corporate in relation to the actions of the principal body corporate. Act, s 270(1)(c); Accommodation Module, s 201(1).

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

• Kerri Owers-Brown lot owner
• Lindsay Brown lot owner
• Robert Nakkan lot owner
• The Owners-Strata Plan No 92562 owners corp

Applications by lot owners to vary the costs order were dismissed; each party remains to bear its own costs.

INTERIM ORDER – whether an interim order is necessary because of the nature or urgency of the circumstances to which the application relates. ADJUDICATOR 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.

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

Strata titles - Refusal of application for permission to keep dog on lot - Construction of by-law - Intention to train as assistance animal - Training and development plan - Reasons for refusal of council of owners and strata company - Interference with quiet and peaceful enjoyment - Adoption of policy contrary to by-law - Whether strata company acted unreasonably - Conditions

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

LAND LAW — Strata title — General meeting of owners corporation — Invalidating resolution and treating as nullity under ss 24 and 25 of the Strata Schemes Management Act 2015 (SSMA) — Resolution of disputes — Various orders under s 232 SSMA to restrain entry into contracts and address corporate governance — Grounds not established

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

ACCESS TO A LOT – where the body corporate has issued a notice of entry seeking access to the respondent’s lot and where the respondent has refused access – whether orders are warranted. Act, s 163; Standard Module, s 180

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.

COSTS — Party/Party — Applicant successful but failed on substantial issues — Awarded a proportion of costs COSTS — Party/Party — Relevance of misconduct by party to allocation of costs — Propounding of false document — Relevant to the extent that the misconduct increased the time taken at hearing or caused the other party to incur costs in responding

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

LAND LAW---Strata title---Civil penalty---s 147 Strata Schemes Management Act 2015---Service of notices to comply with by-laws---Whether contravention of notices to comply established---Applicable penalty

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

IMPROVEMENT TO COMMON PROPERTY Act, s 276. Small Schemes Module, s 106

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

LAND LAW – strata title – car stacker system on lot property and common property – interpretation of by-laws – Strata Schemes Management Act 2015 - relief within s 24, s 87(1) and s 232(1) not available

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.

VISITOR PARKING – whether new terms and conditions not incorporated in by-laws were properly authorised. PARKING FEES – whether the body corporate has the power to charge fees to owners and occupiers who park on scheme land in contravention of parking terms and conditions not included in by-laws. Act, ss 59(2), 94, 96(1), 97, 100, 152(1)(a), 163A, 180(6), 180(7), 310

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

LAND LAW — Strata title — By-laws LAND LAW — Strata title — Common property LAND LAW — Strata title — Owners corporation — Functions of owner’s corporation

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

NEGLIGENCE — Breach — Standard of care – unit in a strata scheme suffered damage from water ingress caused by the failure of waterproofing of the balcony of the unit above - owners corporations duty – calculation of loss STRATA SCHEMES MANAGEMENT ACT 2015 – claim of breach of statutory duty under s 106(6) – time limit for bringing of proceedings increased from two years to six years on 30 June 2025 – which time limit applies

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

APPLICATION FOR INTERIM ORDERS – whether the body corporate is responsible for repairing the applicant’s balcony; whether it must carry out temporary “make safe” works before the application is determined. Act, s 279(1); Accommodation Module, ss 112(2)(a), 127(1)-(2), 158(3).

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

IMPROVEMENTS TO COMMON PROPERTY – BY-LAWS – where there have been numerous improvements to common property benefiting lots - whether the improvements require approval – whether the improvements require a grant of exclusive use – whether the lots benefit from a statutory easement in respect of some improvements – whether the owners are in breach of any by-laws. Act, ss 35, 62, 67-70, 170, 182-188; 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 865 owners corp
• Helen Carroll lot owner

The appeal by the owners corporation was dismissed; the primary tribunal's finding that the owners corporation was in breach of its duty to maintain common property (kitchen slab and wall footings) and that the lot owner was entitled to damages was upheld.

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; PROPERTY DAMAGE – whether a weep hole is defective and caused water ingress to the applicant’s lot; whether the body corporate must repair the weep hole and reimburse the applicant’s expenditure on an engineer to investigate the problem. Accommodation Module, s 170(1).

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

BODY CORPORATE DEBT – where the applicant has been charged for the installation of two power points on common property and for electricity which she disputes – where the body corporate revoked the applicant’s right to vote due to these charges being unpaid claiming she owes a body corporate debt – whether the charges amount to a body corporate debt – whether the applicant’s right to vote should be restored. Act, ss 44, 163, 229A, 242; Standard Module, ss 71, 210, 216, 218, 224

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

GENERAL MEETING PROCEDURES – whether it was valid for all motions at an annual general meeting to be decided by secret ballot; whether some motions might be declared void, notwithstanding that the committee resolution recommending the use of secret ballots stands unchallenged. Act, ss 100(5), 108-110, 242; Standard Module, ss 15(3), 108(1).

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

MAINTENANCE – whether the body corporate must maintain a carport on common property. Accommodation Module, s 170

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

MAINTENANCE – whether owner has failed to maintain their bathroom in good condition – whether failure to meet building regulations constitutes a maintenance breach – whether owners are required to rectify alleged defects. Act, s20; Accommodation Module, ss170, 201

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 154, 157, 159, 279; Standard Module, ss 180, 184, 185, 190, 210

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

MAINTENANCE – obligations of body corporate to maintain components of a building where it is registered on a Building Format Plan CONFLICTS OF INTEREST – whether applicable to voting in a general meeting RATIFICATION of committee expenditure by General Meeting BODY CORPORATE RECORDS – whether the body corporate breached the Act by failing to provide the applicant with access to all body corporate records. Act, s 205, 280; Accommodation Module, ss 58, 107, 170, 204, Carroll v Body Corporate for Palm Springs Residences [[2013] QCATA 21](/cgi-bin/viewdoc/au/cases/qld/QCATA/2013/21.html "View Case") Quarante Pty Ltd v Owners of Strata Plan No 67212 [[2008] NSWCA 258](/cgi-bin/viewdoc/au/cases/nsw/NSWCA/2008/258.html "View Case") Warren v Body Corporate for Buon Vista (No 2) [[2006] QDC 398](/cgi-bin/viewdoc/au/cases/qld/QDC/2006/398.html "View Case") The Groves No. Four Minyama [](https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2017/371.html "View Case")[[2017] QBCCMCmr 371](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2017/371.html "View Case") Tank Tower [[2015] QBCCMCmr 322](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2015/322.html "View Case")

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.

• Helen Tsoukaris lot owner
• The Owners – Strata Plan No. 30102 owners corp

The appellant's application for an extension of time to appeal was refused and the appeal was dismissed; the appellant was ordered to pay the respondent's costs on an indemnity basis.

CIVIL PROCEDURE — jurisdiction — transfers to and from other courts — District and Local Courts – transfer deferred to ensure compliance with case management orders COSTS — security for costs — relevant factors — Impecuniosity of plaintiff – where also impecunious shareholder proffers undertaking to satisfy adverse costs order – risk of stultification – where impecuniosity said to be partly attributable to issues in dispute

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

BY-LAWS – whether a notice purportedly issued on behalf of the body corporate alleging owners were breaching the by-laws and seeking removal of items was valid. Act, ss 94, 100, 182-188

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

• The Owners – Strata Plan No 85385 owners corp
• Annette Barnett lot owner
• Laura Lillas lot owner
• Tony Clarkson lot owner
• Kandiah Theivendren lot owner

The appeal was dismissed; the timber decking on balconies and terraces was determined to be common property for which the owners corporation is responsible for maintenance and repair, and the costs order at first instance was set aside and remitted for reconsideration.

BY-LAWS - whether the respondent is breaching a by-law by storing items on common property. Act, ss 182-188

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

GENERAL MEETING – whether notice of extraordinary general meeting complied with legislative requirements; GENERAL MEETING MOTION – whether motions proposed by committee provided owners with sufficient notice of what was proposed and the implications if the body corporate decided to pass the motions; EXPENDITURE – whether motions proposing expenditure above the relevant limit for major spending at the scheme complied with the legislative requirements. Act, s 94(2); Accommodation Module, ss 77, 81, 161, 163

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

GENERAL MEETING PROCEDURES – whether the minutes of an annual general meeting should be amended to address various alleged irregularities. COMMITTEE ELECTION – whether a committee election should be deemed void and a subsequent committee resolution overturned because the applicant did not hear an owner nominate one of the committee members. BY-LAWS – whether a security camera and air conditioner were installed in breach of the by-laws; whether the body corporate should require their removal. REASONABLENESS – whether the body corporate acted unreasonably by voting down motions to permit the applicant to install a security camera and air conditioner given it authorised another owner’s security camera and air conditioner several months later. Act, ss 94(2), 100(4); Standard Module, ss 38, 88(6)(a), 98(1)(a)(ii), 113(b), 117(3), 128(4)(b).

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

IMPROVEMENT TO COMMON PROPERTY – whether the respondent should be ordered to remove a lockbox installed on common property, where the installation was approved however certain conditions of approval have not been complied with – whether it is just and equitable to make the order sought. Act, ss 184, 276(1); Accommodation Module, s 177.

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

Strata Titles - Alleged breaches of by-laws - Construction of by-laws - Evidence of breach - Turns on own facts

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

• The Owners - Strata Plan No 105126 owners corp
• Martin Mokhtari lot owner

The application by the owners corporation to recover costs for repair of a common property electrical cable and generator installation from the lot owner was dismissed because the owners corporation failed to establish that the respondent damaged the cable or obstructed the corporation's statutory power of entry under section 122(3) of the Strata Schemes Management Act.

• The Owners – Strata Plan No 94624 owners corp
• G & T Younan Constructions Pty Ltd builder
• Gold Star Holding Pty Ltd developer

The court found both defendants liable for breach of statutory warranties under the Home Building Act 1989 (NSW) in relation to multiple water ingress defects and structural defects in the residential building, and ordered them to pay the owners corporation damages of $1,718,393.54 plus interest of $945,205.43 and costs.

• Oberto Pty Ltd lot owner
• The Owners – Strata Plan No 2004 owners corp

The applicant lot owner was successful in proceedings concerning damage to common property and the owners corporation's duty to maintain and repair; the owners corporation was ordered to pay the applicant's costs on the ordinary basis.

IMPROVEMENT TO COMMON PROPERTY – whether the committee unreasonably denied approval for a new roller door for lot 1; whether the committee was competent to decide the request. BODY CORPORATE RECORDS – whether the body corporate refused to provide copies of body corporate records requested by the applicant; whether the records must be provided. Act, s 205(2); Commercial Module, ss 17(1)(c), 131(2)(a), 134; Land Title Act 1994, s 49C(4).

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

MAINTENANCE, PROPERTY DAMAGE – Where property damaged by water ingress - Where body corporate proposes to undertake repairs but the lot owner questions the scope of repairs and refuses access. Act, ss 20, 281; Accommodation Module, ss 152(5), 159, 6, 170(1).

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

BILLING FOR BULK SUPPLY OF ELECTRICITY – whether owner should retain feed in tariff after body corporate ceased receiving it; COMMITTEE MOTION – validity of decision to instruct ERC to cease paying solar credits; GENERAL MEETING MOTION – validity of motion purporting to instruct owners with solar array infrastructure to set export to zero. Act, ss 94(2), 96, 100, 158; Standard Module, s 52(1)(b), 210

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

LAND LAW — Strata title — Owners corporation — Accounts and records of owners corporation —Inspection—Whether, in the circumstances relating to the lot owner’s request to allow inspection of documents, and in the events that occurred, providing a link to the electronically stored books and records of the owners corporation satisfied the requirement under s 182 (3) of the Strata Schemes Management Act 2015 (NSW) that the owners corporation make available for inspection the documents requested. AP

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

APPLICATION FOR INTERIM ORDERS – whether the body corporate is acting unreasonably by threatening to tow the applicant’s boat and trailer, parked in breach of the by-laws for “many months”; whether the body corporate should be restrained from towing the boat and trailer until the application can be decided. Act, ss 58, 94(2), 100(5), 279(1).

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