Decisions table

• GS & CS Holdings Pty Ltd lot owner
• The Owners – Strata Plan No. 63227 owners corp

The appeal against the Tribunal's dismissal of an application to prescribe an amended by-law was dismissed because consent from all lot owners benefiting under the original by-law was a precondition to any lawful change, and such consent had not been obtained.

INTERIM ORDER – whether to grant interim order. Act, s 279

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

Whether the body corporate has administered, managed and controlled common property reasonably and for the benefit of lot owners; whether the body corporate has maintained common property in good condition; whether the body corporate acted reasonably deciding a motion; whether to make an ancillary order. Act, ss 94, 152, 282; Commercial Module, s 127.

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

INTERIM ORDER – whether the interim order should be extended. Act, s 279

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

ONUS OF PROOF – STANDARD OF PROOF – EVIDENCE –connection of plumbing from within Lot 3 to the sewer line on the common property – whether wastewater pipe was previously connected to sewer line – where no direct evidence of fault or omission by the body corporate – whether evidence sufficient to satisfy adjudicator of body corporate liability\_‑\_ – meaning of balance of probabilities

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

EMERGENCY – GENERAL MEETING – NOTICE PERIOD – where body corporate proposes to call a general meeting to consider motions to engage lawyers to deal with application against it by building regulator – where body corporate considers it must brief lawyers without delay – whether to declare that a general meeting called on less than 21 days’ notice to consider motion to engage lawyers will be invalid. Act, s 243A; Standard Module, s 91

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

APPEAL - Notice of Appeal lodged more than 21 months late - No evidence provided to first instance hearing - Application breached mediation agreement

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

ACCESS TO INFRASTRUCTURE – where electrical infrastructure for the scheme is located on the lot occupied by the respondents – where the applicants’ lots have lost power supply – where access to the electrical infrastructure is sought to enable the restoration of power – whether the respondents should be required to provide access. Act, ss 20, 166, 243A

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.

Whether the body corporate has complied with its statutory maintenance obligations; whether the body corporate has acted reasonably. Act, ss 94, 152; Small Schemes Module, s 99.

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

IMPROVEMENT TO EXCLUSIVE USE AREA – whether a screen installed in an exclusive use area required body corporate approval and in what form; whether the screen must be removed. Accommodation Module, ss 177, 183.

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

PROPERTY DAMAGE – whether the body corporate must repair water and mould damage to a lot, and pay reimbursement for unsalvageable personal property, after the lot was inundated during a storm and windows on a boundary between the lot and common property leaked for an extended period; whether the body corporate must pay the lot owner’s relocation expenses while the work is carried out. NUISANCE – whether a pump exhaust outlet on common property immediately adjacent to a lot is causing a nuisance by filling the lot with diesel fumes; whether the exhaust must be relocated by the body corporate. Act, ss 167, 281; Accommodation Module, s 170.

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

Whether owner made improvement to common property; whether owner contravened a body corporate by-law; whether the body corporate acted reasonably. Act, ss 59, 94, 182; Standard Module, s 187.

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

RECORDS – where the applicant seeks the body corporate roll in Excel format – whether the applicant had previously received a spreadsheet containing owner information – whether the body corporate holds the requested record - COSTS – whether costs should be awarded. Act, s 205

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

NUISANCE – ORDERS – where lot owner alleges nuisance by another occupier – where applicant seeks order that respondent comply with the legislation concerning nuisance – whether appropriate to make an order to comply with the law Act, s 276

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

Whether committee acted reasonably making a decision. Act, s 100(5)

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

• Lynne Maree Worrall lot owner
• The Owners - Strata Plan No 43357 owners corp

The Appeal Panel dismissed the Respondent's application for costs of the appeal and ordered each party to pay its own costs.

BY-LAW CONTRAVENTION – whether the respondent has installed curtains in breach of the by-law. Act, ss 182-188

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

BY-LAW CONTRAVENTION – whether the respondents have installed curtains in breach of the by-law. Act, ss 182-188

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

• The Owners - Strata Plan No. 58615 owners corp
• Herlina Almin lot owner

The applicant failed to establish that the respondent was feeding wild birds on her lot or common property, and proceedings were dismissed.

APPLICATION FOR INTERIM ORDERS – whether the body corporate should be prevented from further spending on attempts to correct an unauthorised allocation of common property for the exclusive use of two lots pending a final decision as to whether a new community management statement must be recorded to correct the anomaly. Act, ss 62(2)&(3)(a), 94(1)(a), 279(1); Standard Module, ss 160, 162(2), 172.

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.

SAME ISSUE MOTIONS RULING MOTION OUT OF ORDER - WHETHER MOTION WAS IN CONFLICT WITH ACT, REGULATION OR BY-LAWS – whether otherwise void or unenforceable for another reason – where meeting not informed how ruling could be reversed. Act, Act, ss 276, 279. Accommodation Module, ss 79, 88

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

• Neville Marinko lot owner
• The Owners – Strata Plan No 7596 owners corp

The appeal was allowed and the Tribunal's dismissal of the application for appointment of a compulsory strata manager was set aside with the proceedings remitted for redetermination.

REASONABLENESS – where applicant lot owners enjoyed de facto exclusive use of garden areas adjacent to their lots – where body corporate defeated applicants’ motions for exclusive use and improvements to common property – whether decisions were unreasonable Act, s 94(2)

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

Whether the body corporate has acted to enforce a by-law; whether the body corporate has enforced a by-law in the way provided under the Act; whether the respondent contravened a by-law; whether the body corporate has acted reasonably enforcing a by-law. Act, ss 94, 100, 182, 183.

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

SPENDING – RECORDS – where services contractor apparently engaged without a committee or body corporate resolution – whether to make order to stop further engagement of contractor Act, s 276; Small Scheme Module, s 146

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

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

INTERIM ORDER – where committee passed resolution requiring owners to remove storage units from basement or face dispute resolution proceedings – whether circumstances warrant interim order‑ to stop implementation of resolution Act, s 276

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

• The Owners – Strata Plan No 77559 owners corp
• Mounir Touma lot owner

The Appeal Panel allowed both appeals in part, set aside the first instance orders, and remitted the matter to determine whether the lot owner is entitled to damages under s 106(5) of the SSMA and what orders should be made regarding damage to common property and consequential damage to lot property.

Validity of CMS; validity of specific by-laws; application that is frivolous, vexatious, misconceived and without substance. Act, ss 62, 64, 94(2), 169, 171, 172, 180, 270; Standard Module, ss 52, 58

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

• The Owners – Strata Plan No 63607 owners corp
• Michael Kinsella lot owner

The Appeal Panel dismissed the owners corporation's appeal and upheld the primary member's order requiring the owners corporation to pay the lot owner $1,085 for 2019 repair costs to double-glazed windows that were common property.

COMMUNITY MANAGEMENT STATEMENT – where body corporate failed to lodge a request to record a new CMS within the legislated 3 month period – where lot owner seeks order to extend the time for lodging the CMS – whether to make such an order Act, s 65

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

PROPERTY DAMAGE – whether an incorrectly installed air conditioner in a lot above caused water damage to a lot ceiling; whether the owner of the lot above should pay reimbursement for repairs to the ceiling; whether that owner should also reimburse the applicant’s conciliation and adjudication application fees. Act, ss 280, 281; Accommodation Module, s 201(3).

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

• EKG Pastries Pty Ltd lot owner
• The Owners – Strata Plan No. 87145 owners corp

By-law 29 was declared invalid on the grounds that it breached section 83(2) of the Strata Schemes Management Act 2015 by imposing differential water usage charges not proportionate to the lot owner's unit entitlement.

MAINTENANCE OF COMMON PROPERTY – whether a paved area of common property used by a lot for outdoor restaurant seating is in good condition; whether the body corporate must restore its condition. Accommodation Module, s 170(1).

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

IMPROVEMENT TO COMMON PROPERTY – where the occupier of a lot installed a freezer on an exclusive use area of common property - where the applicant sought approval for the installation – whether the body corporate failed to act reasonably in refusing approval – whether the freezer should be authorised. Act, s 94(2); Commercial Module, s 140

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

EMERGENCY – SPENDING – whether to make order to authorise spending by committee for an amount beyond its spending limit and without a body corporate resolution on the basis of emergency Act, s 243A; Standard Module, s 172(1)(c)

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

MEETING NOTICE – whether the body corporate can hold an extraordinary general meeting without 21 days’ notice. Act, s 276; Accommodation Module, s 81

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

BY-LAW ENFORCEMENT – where a by-law requires approval for renovations to a lot – where the respondents installed a security screen door without approval – whether the security screen door should be removed Act, ss 94, 182, 184

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.

• Antoine Ghosn lot owner
• The Owners - Strata Plan No 87837 owners corp

The appeal was dismissed and the Tribunal's decision declining to appoint a compulsory strata manager was upheld, with the stay on orders lifted.

GENERAL MEETING PROCEDURES – whether the body corporate can hold its annual general meeting outside the legislative time limit. Standard Module, s 83

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

LAND LAW – Strata schemes – Proposed common property rights by-law – Whether unreasonably refused

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

APPEALS – errors other than errors of law – no question of principle

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

AGM RESOLUTION; MAINTENANCE – whether the body corporate may refuse to maintain a grease trap on common property, or deny access to it, if the owners who use it do not agree to pay its costs of operation; whether an AGM resolution that made use of the grease trap conditional upon entering into an agreement with the body corporate to pay a share of the grease trap’s costs of operation was valid. Act, ss 20(1), 35(1); Accommodation Module, ss 170(1)&(4), 200.

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

LAND LAW - strata title - application under s 236 of the Strata Schemes Management Act 2015 (NSW) for an order allocating unit entitlements among the strata scheme lots - consideration of factors other than market values of the lots. APPEALS - exercise of discretionary power-errors of law-taking account of irrelevant considerations

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

• The Owners – Strata Plan No 84674 owners corp
• Pafburn Pty Limited builder
• Madarina Pty Limited developer

The Court decided that a person having substantive control over construction work includes the owner of the land, and that substantive control means having the ability to control how work is carried out rather than actually exercising such control; motions regarding amendment and dismissal were deferred pending further procedural steps.

• Anthony Reginald James Brenchley lot owner
• Mark Lambell lot owner
• Jenny Lambell lot owner
• Adam Severin lot owner
• Ann Marie Connery lot owner
• The Owners – Strata Plan No 80609 owners corp
• Keith Barry Clissold lot owner

The Court made no order as to costs between the plaintiffs and second defendant, with each party to bear their own costs, and no order as to costs for the first defendant; the strata scheme was terminated and the owners corporation wound up due to the building being uninhabitable.

COMMUNICATION – where the applicant objects to the contents of a body corporate memorandum and newsletter – whether the body corporate breached the legislation – whether the communications should be retracted – COSTS – whether the body corporate should pay the application fees. Act, ss 94(2), 280; Schedule 1A

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