Decisions table

COMMITTEE SPENDING – IMPROVEMENT TO COMMON PROPERTY – where committee passed motions to demolish parts of common property – where applicant sought order that the works not proceed unless body corporate passed a special resolution – where body corporate subsequently passed special resolution for the works – where applicant now says the works require a resolution without dissent – whether works require resolution without dissent – whether dispute still exists. Act, s 227; Standard Module, ss 172, 186

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

BY-LAW CONTRAVENTION Act, ss 182 to 188, s188

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.

MOTIONS FROM AN ANNUAL GENERAL MEETING – whether 10 motions submitted to the annual general meeting were invalid and should have been ruled out of order Act, ss 94(2), 149B; Accommodation Module, ss 79, 84(2), 163.

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

• Synergy Group Services Pty Ltd contractor
• The Owners - Strata Plan No. 90607 owners corp
• The Owners – Strata Plan No. 90582 owners corp

Judgment awarded to Synergy for $7,552.94 in accrued interest on unpaid invoices; defendants repudiated the agreement through continued non-payment and the repudiation was validly accepted; however, Synergy failed to establish entitlement to consequential damages for loss of profits as it did not quantify expectation damages and could not claim notional invoice values under the contractual termination clause cl 16.5.3 since termination was via common law repudiation acceptance, not contractual termination.

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.

APPLICATION FOR INTERIM ORDERS – whether the body corporate should be prevented from implementing a resolution to remove a tree prior to final orders because it would be unreasonable to remove the tree, the motion requires a special resolution because it is part of a program of improvements that exceed the ordinary resolution improvement range, or because the committee that resolved to submit the motion to a general meeting is invalid. Act, ss 94(2), 100(4), 279(1); Standard Module, ss 13(6), 186.

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

REASONABLENESS – where subsidiary body corporate resolved to instruct representative to vote in support of principal body corporate undertaking maintenance on PBC land to stop flooding acting SBC lot – where SBC owner says the works would only benefit one owner and the flooding is due to the other owner not siting constructing their residence properly, and the works should be funded by that owner as an improvement to common property – whether unreasonable for SBC to vote in favour of PBC undertaking and paying for the works. Act, s 100(5)

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

Resolution to grant licence over area of common property made by administrator exercising powers of body corporate – whether valid. Act, s 94

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 implementing a resolution to remove a tree prior to final orders because it would be unreasonable to remove the tree, the motion requires a special resolution because it is part of a program of improvements that exceed the ordinary resolution improvement range, or because the committee that resolved to submit the motion to a general meeting is invalid. Act, ss 94(2), 100(4), 106, 279(1); Standard Module, ss 13(6), 186.

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

• Zhanxia Wu lot owner
• Robert Acevski party
• The Owners – Strata Plan No. 80611 owners corp

The application was dismissed on the grounds that the applicants lacked standing to bring proceedings under section 232 of the Strata Schemes Management Act 2015 for breach of the owners corporation's statutory duty to repair and maintain common property, as only the owners of the lot may bring such an action.

GENERAL MEETING – whether an annual general meeting was valid – whether the body corporate should be required to call a new annual general meeting – whether a motion purporting to require the change of use of a lot was valid. Act, ss 94, 95; Standard Module 2008, ss 64-76 and 80-97

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

BY-LAWS – whether there is a dispute between owners about a claimed contravention of a scheme by-law. NUISANCE – whether the respondent is subject to section 167 of the Act; whether the respondent could be found to have caused a nuisance or interfered unreasonably with an owner’s use and enjoyment of a lot. MAINTENANCE – whether an owner has satisfied the person’s statutory maintenance obligation. Act, ss 152, 167, 185; Accommodation Module, s 201

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.

RECORDS – whether records are protected by legal professional privilege – whether the records must be provided to the applicant. Act, s 205

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

GENERAL MEETING MOTION – where the applicant sought approval to install a chairlift on common property stairs – whether the motion was incorrectly ruled out of order – whether the motion should be deemed passed. Act, s 270(1)(d)

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.

LAND LAW — Strata schemes — Appointment of compulsory strata manager — Whether grounds for compulsory appointment established

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.

EXPENDITURE – whether body corporate expenditure is being properly authorised; whether expenditure on items that did not appear in the last budget is permissible. Standard Module, ss 52(1)(f), 69(1)(a), 160, 162, 180(2)(a)(ii).

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.

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.

APPEAL – failure by appellant to provide recording and transcript of proceedings from which appeal is brought STRATA TITLES LAW – exclusive use and enjoyment by appellant of area created by by-law – by-law provided for appellant to be responsible to keep area in good repair – held appellant responsible for cost of maintaining the area.

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

BY-LAWS –whether by-law that requires hard floors to achieve a weighted standardised impact sound pressure level of 45 or lower is invalid; whether committee has failed to act reasonably in enforcing by-law. Act, ss 94(2), 101(2), 180(7); Standard Module, ss 72, 73

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

GENERAL MEETING MOTION – where the body corporate resolved to extend the caretaking and letting agreements – where the committee did not provide previous legal advice it received to owners – whether the relevant motions were valid – whether there is good reason to waive the time limit for making the application. Act, ss 242, 270(1)(c), 297, 298

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

UTILITY SERVICE CHARGES – where the cost of the supply of water to the scheme has been charged based on contribution lot entitlements – whether the cost should have been charged based on usage. Act, ss 94, 95, 100, 195, 196

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

GENERAL MEETING – whether the committee gave proper notice of a motion it proposed to a general meeting; whether a motion is invalid because of the notice given of what was to be considered at the meeting. Act, ss 101, 276; Accommodation Module, ss 80, 162, 163.

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

BODY CORPORATE DEBT – whether an amount allegedly owed to the body corporate under a by-law that permits the body corporate to recover certain expenses from owners is a body corporate debt; whether the by-law is valid; whether the applicant can be prevented from voting, nominating someone for election to the committee, or standing for election to the committee; whether the dispute is a debt dispute and therefore beyond the jurisdiction of an adjudicator; whether the applicant is entitled to reimbursement of his application fee. Act, ss 180(1) & (6), 229A, 280; Small Schemes Module, ss 11, 50(2).

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

Whether interim order is necessary to prevent motion from being implemented, in the event it is passed at EGM. Act, ss 94(2) 279; Standard Module, s 98

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

BY-LAWS – whether the body corporate has acted to enforce its by-laws; whether the body corporate has enforced its by-laws in the way provided under the Act; whether the respondent has contravened a by-law. DISPUTE – whether the outcome sought by the application is required. Act, ss 94, 182, 183, 270

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

• The Owners - Strata Plan No 87060 owners corp
• Loulach Developments Pty Ltd developer
• Loulach Steel Pty Ltd builder
• Rustom Kudinar-Kwee party
• Jiri Kure party
• Dix Gardner Pty Ltd party
• Lyall Dix party

Leave to amend the Technology and Construction List Statement to add a claim under the Design and Building Practitioners Act 2020 was refused because the proposed pleading failed to identify the specific risks the builder was required to manage and the precautions it should have taken, and the Owners Corporation was given one further opportunity to reformulate the amended statement.

MAINTENANCE – whether the respondent is responsible for maintaining its lot – whether it has failed to maintain its lot in good condition – whether orders are warranted. Accommodation Module, ss 170, 201

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

COMMITTEE RESOLUTIONS – whether motions passed by the committee outside a meeting were valid – GENERAL MEETING PROCEDURES – whether a general meeting was validly called – whether votes were validly cast at a general meeting. Act, s 100(5); Accommodation Module 2008, ss 53-4, 84-5, 149-51

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

IMPROVEMENT – where the respondents installed a new hot water system in a different location to the previous system – where the respondents did not have approval for the relocation – whether the respondents required body corporate approval - whether the installation is in breach of the by-laws. Standard Module 2020, s 193

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.

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.

APPLICATION FOR INTERIM ORDERS – whether the body corporate should be prevented from executing an amended agreement with a service contractor until the validity of the authorising motion may be determined; whether a Form 20 ought to have been circulated to owners with the authorising motion. Act, s 279(1); Commercial Module, ss 30, 91.

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

• The Owners – Strata Plan No. 21367 owners corp
• Nathan James Letchford lot owner

Both applications for civil penalties were dismissed as an abuse of process because they duplicated earlier penalty proceedings that had been finally determined on 22 February 2021.

BY-LAWS – whether the body corporate has acted to enforce its by-laws; whether the body corporate has enforced its by-laws in the way provided under the Act; whether the respondents contravened a by-law; whether the body corporate has acted reasonably enforcing its by-laws. COMMON PROPERTY – whether the respondents made changes to common property with body corporate authorisation. BODY CORPORATE – whether the body corporate has acted in owners’ best interests; whether the body corporate has acted reasonably. Act, ss 94, 100, 182; Standard Module, ss 186, 187.

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

• Feride Tezel lot owner
• The Owners – Strata Plan No. 74232 owners corp

The applicant's claim for damages for loss of rent was dismissed due to the respondent's interpretation of the statutory limitation period in s 106(6) of the Strata Schemes Management Act 2015, but consent orders were made requiring the respondent to complete repairs to common property and the applicant's lot by 28 February 2022, and the applicant is not to be excluded from levies for investigation and repairs.

• Jetz Luxury Homes Pty Ltd lot owner
• The Owners - Strata Plan No. 89564 owners corp

The Tribunal dismissed the applicant's proceedings seeking to avoid payment of $2,551.67 in disputed levy charges, finding the applicant liable for arrears notice fees, solicitor instruction fees, and legal costs incurred by the respondent in recovering unpaid levy contributions.

INTERIM ORDER – whether the circumstances warrant an interim order. UTILITY INFRASTRUCTURE – whether utility infrastructure is common property pursuant to section 20 of the Act.

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

NUISANCE – CONTRAVENTION OF SCHEME BY-LAWS CONTRAVENTION OF s.167 ACT, Act, ss 167, 182-188

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.

Sinking fund budget – whether set in accordance with legislation. Act, s 94(2); Standard Module, s 162(3)

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

MAINTENANCE – whether the principal body corporate or the subsidiary body corporate is the ‘body corporate’ responsible for roofing membranes within lots within a subsidiary scheme Act s 18; Standard Module, s180; Accommodation Module s170

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 three months after the end of its financial year. Accommodation Module, ss 72(1), 73.

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