Decisions table

REGULATION MODULE – where the community management statement states that the Accommodation Module applies to this scheme – whether the circumstances that must exist for the Accommodation Module to apply to this scheme actually exist – whether a new community management statement should be recorded stating that the Standard Module applies. Act, ss 21(3); Accommodation Module, s 3, Standard Module s 3

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

BY-LAWS – whether the respondents have breached the by-laws in regard to parking, noise, and behaviour. Act, ss 94, 167, 182-188

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

REQUESTED GENERAL MEETING – whether a notice requesting an extraordinary general meeting was valid – whether the meeting was validly called – whether the motions purportedly passed at the meeting were valid Standard Module ss 82, 93

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

Application for interim order for temporary approval to keep dog within lot pending final determination – whether warranted in the circumstances. Act, ss 100(5), 169, 279.

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

• Robert King and Victoria King as trustees for the Cascade Trust lot owner
• The Owners - Strata Plan No. 19410 owners corp

The owners corporation was found to have breached its statutory duty to maintain and repair common property relating to an external wall defect that caused mould in lot 43, and was ordered to carry out specified remedial works and pay $70,551.99 in damages for loss of rent.

GENERAL MEETING – whether motions considered at a general meeting were valid – whether the committee election was validly conducted – whether orders are warranted – COSTS – whether the application is misconceived and without substance – whether costs should be awarded. Act, s 270

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

• The Owners – Strata Plan No. 96841 owners corp
• KF Developments Pty Ltd builder
• Raw Constructions Pty Ltd party

The matter was resolved by consent orders for a work order on 14 October 2021, and each party was ordered to pay their own costs as the respondent builder's conduct was found to be reasonable and there was no substantial victory or loss.

COMMITTEE ELECTION – whether material sent to owners by an individual at that individual’s cost about the election to be conducted for positions on the committee contravened the Act.

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

ADMINISTRATOR – whether an administrator should be appointed at a duplex where owners are unable to agree on the basic governance of their scheme\_.\_

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 to issue a by-law contravention notice to the applicant and seek the removal of a partition from common property; where the applicant argues that a motion to grant it a licence to the relevant area of common property should be deemed passed, and the motion to issue the contravention notice and remove the partition should be declared invalid. Act, ss 94(2), 101(2), 242, 279; Standard Module, s 184(2)(b).

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

Whether a body corporate annual general meeting will be invalid just because it will be held outside the prescribed legislative time frame. Standard Module, s 83.

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.

Owner motion omitted from AGM agenda – whether AGM void; whether EGM required; whether certain transactions required to be audited. Act, ss 227, 238; Standard Module, ss 86, 90, 93(2)(a)(iii)

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

Whether a general meeting is invalid; whether a person was elected to the committee in contravention of the Act; whether it is just and equitable in the circumstances to invalidate the election of a person as a member of the committee. Act, ss 99, 276.

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.

RECORDS – whether the body corporate failed to provide the applicant with access to body corporate records Act, s 205

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

• The Owners Strata Plan No 74698 owners corp
• Jacinta Investments Pty Ltd party

The Appeal Panel affirmed the first instance costs order of 80% in favour of Jacinta and ordered the Owners Corporation to pay 90% of Jacinta's costs of the appeal, with Jacinta to be quarantined from levying to cover these costs.

• The Owners – Strata Plan No. 64807 owners corp
• Sunaust Properties Pty Ltd manager

The caretaker agreement between the applicant and respondent was terminated, the respondent was ordered to sell Lots 107 and 109, and to provide the password for the digital video recording system to the applicant's secretary.

COMMUNICATIONS FROM LOT OWNER – whether volume and tone of correspondence is unreasonable or constitutes a nuisance– whether it is reasonable for body corporate to restrict communications from the respondent.

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

Whether the committee gave proper notice of a motion included on the agenda of a general meeting. Whether the body corporate acted reasonably when making a decision on a motion included on the agenda of a general meeting. Act, s 94.

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

RESOLUTION WITHOUT DISSENT – whether resolution was not passed because of opposition that is unreasonable. Act, ss 227, 228, 276 and Schedule 5 Points North [[2004] QBCCMCmr 423](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2004/423.html "View Case") Ocean Plaza Apartments [[2004] QBCCMCmr 452](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2004/452.html "View Case") Q1 [[2007] QBCCMCmr 131](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2007/131.html "View Case")

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

APPEALS - Standing of lot owners to bring appeal on behalf of Owners Corporation where strata manager appointed by Tribunal with plenary powers LAND LAW – Strata Title – Strata managing agent – Compulsory appointment of strata managing agent – Strata managing agent appointed with plenary powers

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

Whether disputed amount paid voluntarily should be reimbursed. Act, s 280(1) The Body Corporate for The Grove CTS 9356 v Comerford [](http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QCATA/2019/172.html "View Case")[[2019] QCATA 172](/cgi-bin/viewdoc/au/cases/qld/QCATA/2019/172.html "View Case")

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

• Stephen Gregg lot owner
• The Owners - Strata Plan No. 80881 owners corp

The owners corporation breached its strict statutory duty to maintain and repair common property by failing to complete remedial works to the courtyard since August 2019, and the applicant is entitled to damages for lost rental income.

APPLICATION FOR INTERIM ORDERS – whether the applicant should be permitted continued access to the respondent’s common property pending a decision as to the validity of a committee resolution to terminate a facility sharing agreement between the parties. Act, ss 35(1), 100, 242, 279(1); Commercial Module, ss 17(1)(a), 49.

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

• L. Dawes and 29 other lot owners lot owner
• The Owners-Strata Plan No 93087 owners corp
• Professional Strata Management Group manager
• Y. Lin, S. Chew, X. Bai, T. Chen, H. Han, K. Hu, B. Guo, Z. Zhao, R. Du lot owner

Bright & Duggan Pty Ltd was appointed as compulsory strata manager for 18 months due to the owners corporation's failure to adequately manage the scheme and perform its duties regarding structural defects and monitoring.

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.

GENERAL MEETING MOTIONS – whether motions should be declared invalid- where motions originally contained an incorrect reference to body corporate manager but were amended at the AGM – Disclosure of insurance details at annual general meeting – requirements contained in section 186 Accommodation Module Act, ss 270, 276, Accommodation Module, ss 146,166, 167, 186

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

REVIEW OF TERMS OF A SERVICE CONTRACT – where the body corporate seeks a review of the terms of the service contract with the respondent – where the statutory time limit for a review has expired – whether the application is within the jurisdiction of an adjudicator – whether an adjudicator can make an order to permit a review - whether an order is warranted – COSTS – whether costs should be awarded. Act, ss 130-135, 229, 276, 270

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.

MAINTENANCE – whether the body corporate is required to replace windows and screens in a lot – what colour the replacement windows should be. Standard Module 2020, s 180

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 continuing to renovate a pool area on common property until the work has been authorised by special resolution. Act, ss 106, 242, 279; Accommodation Module, ss 163, 176.

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

INTERIM ORDER – whether an interim order should be made in the circumstances.

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.

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

COSTS – Special circumstances

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.

NOTCE – EXTRAORDINARY GENERAL MEETING – where body corporate passed spending motion for pool works but neglected to present a motion to approve the works – where works have already commenced – where committee seeks approval to hold EGM on 7 days’ notice to present motion to approve the works. 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 warranted in the circumstances.

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.

BY-LAWS – NUISANCE, HAZARD, UNREASONABLE INTERFERENCE – where the respondent smokes on her lot and balcony – where the applicant experiences smoke drift – whether the respondent is in breach of the by-laws - whether the respondent is causing a nuisance, a hazard, or an unreasonable interference. Act, ss 167, 182-186

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

• Geoffrey Eric John Ashlin lot owner
• The Owners-Strata Plan No 50705 owners corp

The Appeal Panel dismissed the appeal and refused leave to appeal, upholding the Tribunal's finding that the Owners Corporation had not breached its statutory duty under section 106 of the Strata Schemes Management Act to maintain and repair the common property balcony of unit 1501.

• Australia City Properties Management Pty Ltd contractor
• The Owners – Strata Plan No 65111 owners corp

The Court set aside the primary judge's costs orders and ordered the respondent to pay 80 per cent of the appellant's costs of the proceedings in the court below.

APPLICATION FOR INTERIM ORDERS – whether the decisions of an extraordinary general meeting should not be implemented until it can be determined whether some owners’ votes were incorrectly disregarded and the meeting was called without proper authority. Act, ss 151, 279; Standard Module, ss 48(1)(a)(i), 84, 98(1), 101, 104(b), 128(5), 129(1)(a), 130(3)(c), 222, 234, 235.

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

ANNUAL GENERAL MEETING – whether the body corporate may hold its AGM later than permitted by the Accommodation Module. Accommodation Module, s 73.

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.

Owners Corporations

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. Act, s 279.

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

BY-LAWS – whether a lot owner is in breach of a by-law requiring yard landscaping to be maintained in good condition. Act, s 30

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

ANIMAL BY-LAW – whether the respondent’s dogs are barking in breach of the by-laws – whether the respondent should be required to remove the dogs. Act, ss 182-188

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