Decisions table

APPLICATION FOR AN INTERIM ORDER – whether there is a question of law for determination and whether the balance of convenience falls in favour of the applicant –request by the applicant that she be permitted to walk her dogs on a lead over common property, pending a decision on the application for final orders. Act, ss 100(5), 169, 269(3), 276(1), 279(1).

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

• The Owners – Strata Plan No. 76929 owners corp
• David Cole Baldwin lot owner

The appeal against the dismissal of the owners corporation's application for costs was dismissed, with the Appeal Panel finding no error of law in the first instance decision and confirming that there were no special circumstances warranting a costs order against the lot owner.

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.

GENERAL MEETING PROCEDURES – where votes for the committee ballot were accepted and counted after the annual general meeting –whether votes received after the meeting were valid – GENERAL MEETING MOTION – whether a motion is valid. Act, ss 94; Accommodation Module 2020, ss 14-26

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

ANNUAL GENERAL MEETING – whether a body corporate annual general meeting will be invalid just because it will be held outside the prescribed legislative time frame. Accommodation Module, s 73.

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

DECLARATORY ORDER – ANNUAL GENERAL MEETING – where the annual general meeting is to be held more than three months after end of financial year – whether to extend the time for the annual general meeting to be held – whether to declare the annual general meeting will be not be invalid for being held late Accommodation Module s 73; Standard Module s 83; Commercial Module s 40

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

APPEAL; extension of time for late lodgement - appellants prospects of success - appeal against dismissal of costs application where appellant had mixed success.

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

LAND LAW – Strata Schemes Management Act – whether dog is an assistance animal – requirements for training – whether Federal matter arises- extension of time to lodge appeal - relevant principles.

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

NOTCE – EXTRAORDINARY GENERAL MEETING – where body corporate is uninsured – where committee unable to source required insurance – where committee has sourced alternative insurance offer – where committee seeks approval to call and hold extraordinary general meeting on 10 days’ notice. Accommodation Module, s 81

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

INTERIM ORDER – where committee refused lot owners’ application to bring a dog onto the scheme – where applicants allege committee decision was unreasonable – whether to grant interim order to allow dog to be brought onto the scheme pending further or final order. Act, s 279

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

MEETING NOTICE – whether the body corporate should be authorised to 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.

INTERIM ORDER – MAINTENANCE – IMPROVEMENT – where body corporate passed motion to inspect, repair and add membrane coating to all concrete tiled roofs – where applicants say some of the works are unnecessary and the membrane is an improvement – whether reasonable to pass motion to inspect and repair all roofs without quotations for actually necessary repairs – whether adding membrane is an improvement to common property which required a special resolution – whether to grant interim order. Act, s 279; Standard Module, s 180

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

INSURANCE – whether the body corporate must reimburse an owner for the cost of repairs to her lot because it failed to authorise her to seek a review of the body corporate insurer’s decision to reject her claim. Act, ss 97, 100(5).

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

• David Donne lot owner
• The Owners - Strata Plan No. 86457 owners corp

The applicant's surplus in the capital works fund was ordered to be transferred to cover the deficit in the administrative fund with no interest payable; the resolutions of the AGM were not invalidated; one co-owner of lot 2 was ordered to resign from the strata committee; and the respondent was not yet permitted to levy additional contributions for non-performance of maintenance work.

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 an interim order is warranted. 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 restrained from issuing parking tickets to owners and occupiers parking improperly on common property until a final decision can be made regarding the body corporate’s power to require the payment of parking fees; whether signs erected on common property warning of the potential imposition of parking fees should be removed or altered pending final orders. Act, ss 35(1)&(4), 59(2)(b)-(d), 180(6), 279.

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

BODY CORPORATE – whether the body corporate acted reasonably including making a decision. Act, ss 94, 205; Standard Module, s 232

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

• The Owners – Strata Plan No. 98503 owners corp
• Angela Morrell lot owner

The respondent was ordered to remove unauthorised bi-fold windows installed on common property within six months and make good all damage caused, with provision for the owners corporation to enter and perform the work if the respondent fails to comply.

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, s 279; Standard Module, ss 84, 98(1), 101, 104(b), 128(5), 129(1)(a).

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

BY-LAWS – whether the body corporate properly exercised its rights or powers, or performed its duties, as provided for in a scheme exclusive use by-law. JURISDICTION – whether there is a dispute to be resolved under Chapter 6 about a claimed contravention of the Act or the scheme’s community management statement or the exercise of rights or powers or performed duties under the Act or the CMS. Act, ss 173, 276; Commercial Module, s 139

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

Whether body corporate was entitled to withhold owner’s share of compensation proceeds. Act, ss 270(1)(c), 280(1); Acquisition of Land Act 1967 Qld, s18(10)(b)

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

• Gayle Marie Linney lot owner
• The Owners - Strata Plan No. 11669 owners corp
• Susanne Parks party

The Tribunal ordered the owners corporation to repair a damaged bathroom bulkhead by 31 January 2022 and to record by-laws in the strata roll, but dismissed other aspects of the application relating to the AGM, removal of committee member, and other orders.

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.

INTERIM ORDER – Application for interim order– whether warranted in the circumstances\_.\_ SDW2 Pty Ltd v JLF Corporation Pty Ltd [[2017] QSC 001](/cgi-bin/LawCite?cit=%5b2017%5d%20QSC%20001 "View LawCiteRecord") ABC v O’Neill [[2006] HCA 46](/cgi-bin/viewdoc/au/cases/cth/HCA/2006/46.html "View Case") Act, ss 276, 279.

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

GENERAL MEETING MOTION – where the body corporate considered a motion to remove a by-law - where the motion failed to achieve a resolution without dissent - whether dissenting votes were unreasonable in the circumstances - whether the motion should be deemed passed – whether consequential orders should be made. Act, s 276(1), Schedule 5, Item 10

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

EMERGENCY EXPENDITURE – whether the circumstances give rise to a genuine 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.

FINANCIAL YEAR – whether to change the body corporate’s financial year. Act, s 283; Standard Module s 162(1)(c).

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

COMPENSATION – where the committee initially offered to reimburse owners for their costs of engaging a contractor to remove roof top air conditioners prior to roofing membrane works – where the body corporate subsequently resolved that its own contractor would remove the air conditioners – whether the applicant is entitled to compensation - COSTS - whether the applicant should be reimbursed for her application fees – whether costs should be awarded against the applicant. Act, ss 280, 281

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

INTERIM ORDER – Application for interim order– whether warranted in the circumstances\_.\_ SDW2 Pty Ltd v JLF Corporation Pty Ltd [[2017] QSC 001](/cgi-bin/LawCite?cit=%5b2017%5d%20QSC%20001 "View LawCiteRecord") ABC v O’Neill [[2006] HCA 46](/cgi-bin/viewdoc/au/cases/cth/HCA/2006/46.html "View Case") Act, ss 276, 279.

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

COMMON PROPERTY – whether the body corporate has complied with its statutory duty with respect to common property; whether work is maintenance or an improvement. COMMITTEE – whether the committee acted reasonably making a decision. BODY CORPORATE - whether the body corporate acted reasonably. Act, ss 94, 100, 152; Accommodation Module, ss 170

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

INSURANCE UNDER BUILDING FORMAT PLAN Obligation to insure Act, s 280(2) Small Scheme Module, ss 117, 125

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

INTERIM ORDER – BALANCE OF CONVENIENCE – COMMITTEE VACANCY – COMMITTEE ELECTION – where 5 of 7 committee members resigned – where remaining members were less than a quorum and EGM is required to fill vacancies – where remaining committee appointed one of the remaining members as chairperson and called EGM to fill vacancies – where EGM does not propose to fill position of chairperson – whether to make interim order to stop EGM proceeding – where balance of convenience lies. Act, s 279; Standard Module, ss 48, 51

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

INSTALLATION OF PHOTOVOLTAIC CELLS BY LOT OWNER APPEARANCE BY-LAW – WHETHER BODY CORPORATE APPROVAL REQUIRED OBLIGATION OF BODY CORPORATE TO ACT REASONABLY s. 246S Building Act 1975 s.94 Body Corporate and Community Management Act 1997

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

BY-LAW CONTRAVENTION Act, ss 182 to 188

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

Building and Property List

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

COMMON PROPERTY – whether a structure built on common property is an improvement; whether the structure is an improvement to common property by a lot owner; whether the improvement to common property has the effect of granting use of part of common property exclusively to a lot owner for an indefinite period. DISPUTE – whether the outcome sought by the application is relevant or required. Act, ss 94, 170, 171, 270; Standard Module, s 187

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

COSTS-indemnity costs-refusal of offer for work order to be made -subsequently work order agreed to APPEALS-- no error of law-no point of principle-no appealable error concerning Tribunal’s conclusion that appellant acted unreasonably prolonged resolution of the proceedings – point not raised

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

ADMINISTRATOR – whether an administrator should be appointed to call and conduct the 2021-22 AGM; what matters should be considered at the AGM. Act, ss 276(4), 301; Standard Module, ss 7(1), 9(4), 13(1), 41(1). 43, 82, 83, 86(1)(a), 91, 93(3)(a).

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.

IMPROVEMENT TO A LOT – where a lot owner installed a roofing structure on a balcony – whether body corporate approval was required – whether approval was unreasonably refused – whether the structure should be removed. Act, s 94; Specified Two-Lot Schemes Module, ss 5, 6

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

MAINTENANCE OF EXCLUSIVE USE AREA – whether an owner must remove improvements within his exclusive use area so the body corporate can install a new waterproof membrane and investigate/repair utility infrastructure that was implicated in water ingress to multiple lots; whether the owner must pay for repairs to the slab and utility infrastructure, where he may be responsible for damaging them. Act, ss 163, 166, 167, 177(1), 281; Standard Module, ss 166, 192(3).

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

• The Owners - Strata Plan No. 31293 owners corp
• Mark Lewinsohn lot owner

The Lot owner was ordered to remove alterations to common property including a skate ramp, rear deck and garden beds, remove stored items and rubbish from common property, and pay a penalty of $550 for breaching by-laws; his cross-application was dismissed.

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.

ANNUAL GENERAL MEETING PROCEDURES – whether an order should be made extending the timeframe to call and hold the annual general meeting.

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 lot owner

The appeal was allowed in part; orders requiring registration of a plan of subdivision and transfer of common property were set aside and replaced with orders to register a common property rights by-law granting exclusive use rights to the lot owner, and the levy order for damages was modified to exclude the successful applicant from being levied.

RECORDS – whether a request for body corporate records should be granted. Act, s205(2).

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

MAINTENANCE – in building format plan – whether body corporate has failed to meet their obligations- obligation of body corporate to maintain common property Act ss 152, 227, 228, 276, 281; Standard Module, s 180. Seiwa Pty Ltd v The Owners Strata Plan 35042 [[2006] NSWSC 1157)](/cgi-bin/viewdoc/au/cases/nsw/NSWSC/2006/1157.html "View Case") Ridis v The Owners Strata Plan 10308 [[2005] NSWCA 246](/cgi-bin/viewdoc/au/cases/nsw/NSWCA/2005/246.html "View Case") MAGOG Pty Ltd v Body Corporate for the Moroccan [[2010] QDC 70](/cgi-bin/viewdoc/au/cases/qld/QDC/2010/70.html "View Case") Costa D’ora Apartments [[2006] QBCCMCmr 628](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2006/628.html "View Case") (27 November 2006) Klinger & Anor v Body Corporate for Costa D’Ora [[2007] QDC 300.](/cgi-bin/viewdoc/au/cases/qld/QDC/2007/300.html "View Case")

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

ANIMAL BY-LAW – whether the body corporate did not act reasonably when refusing permission for a second dog in a lot - whether approval should be given. Act, ss 94(2), 100(5)

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

GENERAL MEETING MOTION – whether a motion should be invalidated.

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