Decisions table

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.

PRACTICE AND PROCEDURE – application to transfer from the District Court to the Supreme Court

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.

• Peta Athens lot owner
• The Owners-Strata Plan No 47035 owners corp

The appeal of the lot owner's application to appoint a compulsory strata manager on a limited basis was dismissed, and each party was to bear its own costs.

LAND LAW – strata title – common property – common property rights by-law – whether unreasonable refusal to consent

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

LAND LAW – strata title – strata renewal plan for redevelopment – s 182 of the Strata Schemes Development Act 2015 (NSW) – objections by dissenting owners – whether relationship existed between owner of lots and developer – strata renewal plan given effect – costs as agreed

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

INTERIM ORDER – whether an interim order that the body corporate not recover an alleged debt for electricity is justified – whether an interim order that the body corporate not permit a committee member to liaise with the applicants is justified. Act, s 279.

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

ADMINSTRATOR – whether an administrator should be appointed – BODY CORPORATE MANAGER – whether the body corporate manager should be dismissed. Act, ss 120, 278, 301; Standard Module, ss 74-78, 149-152, 180, 197-198

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.

• G Birns lot owner
• A Clemente lot owner
• E Franco lot owner
• J Zwart lot owner
• R Johnson lot owner
• G Poulos lot owner
• S Hales lot owner
• The Owners – Strata Plan No 95983 owners corp
• Steve Querin lot owner
• Anne Querin lot owner
• Strata Choice Pty Ltd manager

Strata Choice Pty Ltd was appointed as compulsory strata managing agent for 18 months due to the owners corporation's dysfunction arising from the developers' conflict of interest in voting on building defects proceedings in which they were respondents.

• The Owners – Strata Plan No 97938 owners corp
• Golden Rain Development Pty Ltd developer

A freezing order was granted restraining the developer from disposing of or dealing with 15 of 18 terraces in the Honeycomb Terraces without providing 20 business days' prior written notification to the plaintiff, pending final judgment.

BY-LAWS – whether the respondents are making noise or keeping a dog in contravention of the by-laws.

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

INTERIM ORDER – whether an interim order stopping the body corporate from holding a meeting 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.

GENERAL MEETING PROCEDURE – whether a general meeting was validly held. Standard Module, s 91

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

• The Owners – Strata Plan no 67608 owners corp
• The Owners – Strata Plan no 67607 owners corp
• PINN 386 Pty Ltd party

The Appeal Panel upheld Strata Scheme 67607's appeal, adjusted insurance premium proportions for 2022-2023 to $54,445.74 and 2023-2024 to $61,734.38, and ordered Strata Schemes 67608 and PINN 386 Pty Ltd to pay costs.

Building and Property

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. Act, s279

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

BY-LAWS – whether the respondent has breached the by-laws by affixing items to a common property wall. Act, ss 167, 184-188; Accommodation Module, s 177.

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

MAINTENANCE – whether the body corporate must correct subsidence in an exclusive use area caused by insufficient backfilling during construction and subsequent settlement; whether a resolution to fill a void on common property beneath a lot is invalid. Act, ss 177(1), 280; Standard Module, ss 173, 192(2).

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

GENERAL MEETING MOTION – whether a motion to raise a special levy was valid. Standard Module, ss 160, 162

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

GENERAL MEETING MOTION; INSURANCE; CONTRIBUTIONS – where an invoice to renew the body corporate’s building reinstatement insurance consisted of a premium and various administrative fees; where the body corporate resolved to raise the entire amount of the invoice by levying owners according to their interest schedule lot entitlements; whether the resolution should be amended to only raise the premium in that manner. Accommodation Module, ss 152(5), 188, 191(1)(a).

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.

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.

• Cathie Galliott lot owner
• Susie Elelman lot owner
• Jai Galliott lot owner
• Michele Selwyn lot owner
• William Doyle lot owner
• The Owners – Strata Plan No. 43251 owners corp
• Goldtex Pty Ltd party

The application for compulsory appointment of a strata managing agent was dismissed as the Tribunal was not satisfied on the balance of probabilities that any statutory ground under section 237(3) of the Strata Schemes Management Act had been established.

BY-LAWS; IMPROVEMENT TO LOT – whether three lots were modified in contravention of the by-laws; whether the body corporate should enforce the by-laws. COMMITTEE ELIGIBILITY – whether two owners were ineligible to serve on the committee because their mother was the de facto partner of the caretaking service contractor. FINANCIAL MANAGEMENT – whether the body corporate is unlawfully spending: on maintenance of private lots on services that should be performed by the caretaking service contractor under its contract, or with disregard for the limits for committee and major spending; whether the body corporate should attempt to recover the expenditure. BODY CORPORATE RECORDS – whether the body corporate must obtain various records from the original owner/former caretaking service contractor. Act, ss 20, 94, 276(1), 280, 281, 309; Accommodation Module, ss 11(2)(b), 164, 170(1)-(2), 177, 200, 201(3), 202, 220, 270(3)-(4).

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

ACCESS TO BODY CORPORATE RECORDS – where the applicant has requested access to CCTV footage of an incident in the scheme carpark where their vehicle was damaged – where the applicant says the body corporate has refused to provide them with a copy of the requested footage – whether the orders sought by the applicant are warranted in the circumstances. Act, ss 94, 95, 205, 252E, 270, 280

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.

OBLIGATION OF BODY CORPORATE TO MAINTAIN COMMON PROPERTY AND ROOFING STRUCTURES FAILURE TO MAINTAIN COMMON PROPERTY - LIABILITY FOR CONSEQUENTIAL DAMAGE TO LOTS Sections 152, 159, 281 Body Corporate and Community Management Act Sections 180 186 Body Corporate and Community Management (Standard Module) Regulation Building Act 1975 & Standard By-Laws National Construction Code

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

BY-LAWS – whether the respondent is storing items in their exclusive use car space contrary to the by-laws – whether the respondent has installed a washing line on their exclusive use balcony contrary to the by-laws – whether orders about the items are warranted. Act, ss 182-186

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

COMMITTEE RESOLUTIONS – where applicant alleges committee members had a conflict of interest – whether resolutions are invalid COMMITTEE MEMBERS – where applicant alleges breach of code of conduct for committee voting members – whether any basis to remove committee members from office COSTS – whether costs order warranted Act, s100, 270; Standard Module, ss 45, 66

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

GENERAL MEETING – whether an extraordinary general meeting was validly called – whether the meeting should be declared void. Standard Module, ss 47, 87, 88, 106

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

• Jessie Pittard lot owner
• The Owners - Strata Plan No 48216 owners corp
• Duy Tran lot owner
• Sentient Corp Holding Pty Ltd lot owner
• Demetria Chelepy lot owner
• Mathew Crawshaw lot owner
• Jamesons Strata Management manager
• Premier Strata Management manager

The Tribunal extended the appointment of Jamesons Strata Management as compulsory strata manager to 15 August 2026, rejecting the alternative proposals to appoint Premier Strata or return to self-management.

• Venu Gopal Reddy Togaru lot owner
• The Owners- Strata Plan No.90193 owners corp

Leave to appeal was refused and the appeal dismissed; the Tribunal's dismissal of the lot owner's claim for financial compensation for loss of sale was upheld as the evidence was reasonably available at the time of the initial hearing and the lot owner failed to prove the loss.

MAINTENANCE – whether the body corporate has failed to maintain a boundary fence – COSTS – where the body corporate did not participate in conciliation – whether the body corporate should reimburse the applicant for the application fees. Act, ss 94, 280, 312; Standard Module, ss 173, 180, 186

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.

GENERAL MEETING MOTION – where a motion which proposed reallocating car spaces under an exclusive use by-law failed to achieve a resolution without dissent – whether the sole dissenting vote was unreasonable in the circumstances – whether the motion should be deemed passed. Act, s 276(1), schedule 5, item 10

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

MAINTENANCE – whether the body corporate has failed to maintain common property – where the applicant claims soil subsidence below footings in a standard format plan lot is attributable to default of the body corporate UTILITY INFRASTRUCTURE – what constitutes utility infrastructure that the body corporate is obliged to maintain ONUS OF PROOF – EVIDENCE –whether evidence sufficient to satisfy adjudicator of fault or omission by the body corporate Act, ss 20, 152, 276; Standard Module, s 180

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

Where applicant body corporate seeks a declaration that it may replace the existing Schedule E and updated sketch plans to correct multiple historical errors and changes made to exclusive use car park allocations in the scheme. Act, ss 62, 276; Accommodation Module, ss 147

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

GENERAL MEETING MOTIONS / REASONABLENESS – where the applicant alleges the body corporate has acted unreasonably in deciding not to pass certain motions at a general meeting – whether the orders sought by the applicant are warranted in the circumstances. Act, ss 94, 152; Standard Module, ss 180, 181, 187

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

INTERIM ORDER – whether an interim order is warranted. Body Corporate and Community Management Act 1997 (Qld) s 279

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