Decisions table

Responsibility for damage to air-conditioning compressor servicing one lot. Act, s 281; 2008 Commercial Module, s 115

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

COMMITTEE DECISION –– whether the committee acted reasonably - whether the committee should have issued by-law contravention notices in relation to the relocation of a privacy screen on the respondent’s lot - whether the committee placed too much weight on irrelevant considerations and not on relevant issues. Act, ss 94(1), 94(2), 100(1), 100(5), 252E(5); 270 Accommodation Module 2020;

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

DECLARATORY ORDER – ANNUAL GENERAL MEETING – where annual general meeting to be held more than three months after end of financial year – whether to approve annual general meeting being held late – whether to declare that annual general meeting will be not be invalid for being held late Standard Module, s 83

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

IMPROVEMENT TO COMMON PROPERTY – where the respondents have installed a shade sail on the exterior of their lot – where the respondents did not have body corporate approval – whether the shade sail must be removed. Accommodation Module 2020, ss 177, 183

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

FINANCIAL YEAR – whether to change the end date of the body corporate’s financial year. Act, s 283.

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

whether a motion proposing the engagement of a person as a body corporate manager complied with the legislation; whether it is just and equitable in the circumstances to dismiss a request to invalidate such a motion because of a contravention of the Act; whether the outcome sought is no longer relevant or required Act, ss 122, 276

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.

POWER OF ADJUDICATOR TO MAKE ORDERS- Section 276 Body Corporate and Community Management Act 1997 WHEN ANNUAL GENERAL MEETING MUST BE CALLED –section 83 \_Body Corporate and Community Management (\_Standard Module) Regulation 2020

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

MOTIONS – REASONABLENESS – COMMON PROPERTY – SERVICE CONTRACTOR – where body corporate passed motions to remove plants from common property and engage external gardener – where applicant lot owner says the motions are based on misinformation about her permission to put in the plants and their effect on other common property structures – where applicant says she is willing to do the gardening for free and the extra expense is not justified – where the applicant says the extra expenditure will exceed the amount budgeted for gardening – where the applicant says the agreement with the gardener is non-compliant – whether motions invalid and the resolutions ought to be declared void. Act, ss 94(2), 152, 167; Standard Module ss 135, 137, 160

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.

PROPERTY DAMAGE – whether the body corporate must reimburse the applicant for damage allegedly caused to his bathroom by agents of the body corporate when investigating a leak. WATER BILL – whether the body corporate must reimburse the applicant for a water bill paid while he had the water to his lot turned off at the request of the body corporate. Act, ss 196, 281.

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.

RECORDS – whether the body corporate failed to provide body corporate records – whether the records must be supplied. Act, s 205

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

GENERAL MEETING MOTION – where the body corporate considered two motions to alter grants of exclusive use for two lots - where the motions failed to achieve a resolution without dissent - where a dissenting voter changed their position - whether other dissenting votes were unreasonable in the circumstances - whether the motions 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 UNDER A BUILDING FORMAT PLAN – whether a general meeting motion to inject resin beneath footings to address subsidence should be deemed to have passed. Small Schemes Module, ss 99, 130(2); Land Title Act 1994, s 48C.

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

BY-LAWS – Where owner has claimed exclusive use of two parking spaces on common property – obligation of body corporate to enforce by-laws – whether the body corporate has acted reasonably. Act, ss 94, 100, 182 and 185.

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

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

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

OBLIGATION OF BODY CORPORATE TO MAINTAIN COMMON PROPERTY MAINTENANCE / IMPROVEMENTS – whether works on common property constitute “improvements” or “maintenance” – where the applicant is concerned about the replacement of screening/balustrading outside his unit – whether the body corporate acted reasonably –Act, ss 94(1) & (2), 100(5), 269(3), 270(1)(c), 276(1), 279(1).Sections 152, 159 Body Corporate and Community Management Act Sections 170 Body Corporate and Community Management (Accommodation Module) Regulation 2020 Palm Springs Residences v J Patterson Holdings Pty Ltd [2008] QDC Finger v Dickie [[2015] QCATA 113](/cgi-bin/viewdoc/au/cases/qld/QCATA/2015/113.html "View Case") Body Corporate for Beaches Surfers Paradise v Backshall [2016] QCATA

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

PRACTICE AND PROCEDURE – stay application – compulsory appointment of strata manager

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

POWER OF ADJUDICATOR TO MAKE ORDERS- Section 276 Body Corporate and Community Management Act 1997 WHEN ANNUAL GENERAL MEETING MUST BE CALLED –section 73 \_Body Corporate and Community Management (\_Accommodation Module) Regulation 2020

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

COMMON PROPERTY – MAINTENANCE – DUTY OF CARE – where common property comprises bushland – where applicant says body corporate must have a bushfire safety maintenance plan – where applicant says body corporate owes a duty of care – where AGM did not include a BSMP motion – whether obligation to administer, manage and control common property includes an obligation to have a BSMP – whether unreasonable not to have a BSMP. Act, ss 94, 159; Standard Module, s 180

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

BODY CORPORATE ASSETS – where a waterfront pathway traverses principal scheme common property, subsidiary scheme common property and subsidiary scheme lots – where the path is burdened by easements for pedestrian access - whether the path is a principal body corporate asset – whether the principal scheme is responsible for maintaining the path – whether a by-law relating to the responsibility for the path is valid. Act, ss 11, 44, 45, 59, 62, 94, 95, 97, 169, 180; Standard Module 2020, ss 180, 188, 189, 190, 191

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

• Con Hatzigeorgiou lot owner
• The Owners – Strata Plan 71571 owners corp

The Appeal Panel ordered that the Respondent pay the Appellant's costs of the appeal on the ordinary basis, finding special circumstances existed under section 60 of the NCAT Act due to the Respondent's failure to engage appropriately in the appeal process despite the natural justice error being apparent.

IMPROVEMENT TO LOT – whether a by-law prohibiting external works to lots without committee approval goes beyond regulation and is therefore invalid; whether the committee acted unreasonably when refusing approval for a proposed extension to the applicants’ home within their lot boundaries given many other lots have been permitted to construct extensions. Act, ss 94(1)(b), 95(1), 100(5), 168(2), 169, 252E(5), by-law 8 of schedule 4; Standard Module, s 71.

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

COMMITTEE DECISION – whether the committee should have approved a structure to enclose the applicant’s lot – whether the committee did not act reasonably – whether the committee made a decision – whether the matter is a ‘restricted issue’ – whether the committee placed too much weight on irrelevant considerations and not on relevant issues. Act, ss 94(1), 94(2), 100(1), 100(5), 252E(5); Accommodation Module 2008, ss 42(1), 162, 167(3); Commercial Module 2008, s 3(3).

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

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

Appeal allowed; the Owners Corporation breached clause 10.2 of the Caretaker Agreement by failing to follow required procedures upon termination, and judgment was entered for the strata manager in the sum of $1,007,896.13 for damages for loss of bargain.

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. Standard Module, s 83.

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

• Michael Turek lot owner
• Louise Turek lot owner
• The Owners - Strata Plan No. 70871 owners corp

The Tribunal granted the applicants a licence to store two 240-litre waste bins in the common property bin room for 10 years subject to a monthly licence fee of $50 and specified conditions.

• Tracey Adendorff lot owner
• Michael Adendorff lot owner
• The Owners - Strata Plan No. 16629 owners corp

The costs applications brought by the Owners Corporation were dismissed as the Tribunal was not satisfied that special circumstances warranting an award of costs existed, despite the Lot Owners being unsuccessful in their substantive claims.

NOTICE OF GENERAL MEETING – whether emergency circumstances exist to warrant shortening the time notice of general meeting is given to owners. Act, ss 227, 229, 243A, 276; Accommodation Module, s 81

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

• The Owners – Strata Plan No 98970 owners corp
• Capitol Property Services Pty Ltd builder
• Lotus Fund No 9 Pty Ltd developer
• Kunyi Qiu party

The freezing order made on 1 June 2021 was extended until 1 December 2021 upon the plaintiff undertaking to give the usual undertaking as to damages and to commence proceedings under s 37A of the Conveyancing Act in relation to the transfer of Lot 2 from Lotus to Mr Qiu.

STANDING – whether the applicant is still a “relevant person” – whether another person should be substituted as the applicant – whether the matter should be dismissed Act, 227(1), 239C, 270(1)(e)

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

GENERAL MEETING CONVENING AND NOTICE PROCESS COMMITTEE MOTIONS FOR EGM EGM MEETING PROCESS COMMITTEE VOTING PROCESS PROXY VOTES FOR COMMITTEE ELECTIONS REQUEST FOR RECORDS. Schedule 1A to the Act Act, ss 101B, Accommodation Module 2020, ss 47, 48, 49, 60, 61, 79, 120

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

• The Owners - Strata Plan No 1813 owners corp
• Sarraf Property Group Pty Ltd lot owner
• Konn Palonis lot owner
• Francis John Keevers lot owner
• Peta Bourke lot owner
• Joanne Fardell lot owner

The Appeal Panel allowed the appeal, set aside the Tribunal's variation of the special levy orders, remitted claims concerning the $980,000 special levy and compulsory strata manager appointment for redetermination, and ordered the respondents to pay the SPG Appellants' costs of the appeal.

Whether owner owed a body corporate debt at time of AGM – debt dispute. Act, s 279A

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

ANIMAL BY-LAW – whether the body corporate has validly refused permission for the applicant to keep a dog in her lot – whether the applicant should be given approval for her dog. Act, ss 94(2), 100(5)

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

GENERAL MEETING – whether a general meeting was validly called – whether motions were validly passed – ROLL – whether committee and owner details are correct. Act, ss 94(2), 270(1)(c); Standard Module 2020, ss 82, 86, 88, 91, 101, 135, 187, 223, 224; Standard Module 2008, s 72

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. 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.

Injunction application

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

• The Owners – Strata Plan No 85561 owners corp
• Omaya Holdings Pty Ltd builder
• Al Maha Pty Ltd developer

The Owners Corporation was entitled to judgment against the builder and developer for $1,212,250 for building defects (flammable cladding and waterproofing) following the builder and developer's default under the settlement agreement in failing to procure HBCF insurance, complete rectification works, and pay instalments.

DECLARATORY ORDER – ANNUAL GENERAL MEETING – where annual general meeting to be held more than three months after the end of the financial year – whether to consent to the AGM being held late 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.

DECLARATORY ORDER – ANNUAL GENERAL MEETING – where annual general meeting to be held more than three months after end of financial year – whether to make an order that permits the AGM to be held late – whether to declare that the AGM will be not be invalid for being held late Standard Module, s 83

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

ADMINISTRATOR – whether an administrator should be appointed. Act, ss 278, 301

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

BY-LAWS – whether the noise emanating from the respondent’s lot contravenes the by-laws; whether the respondent should be ordered to comply with former by-laws relating to noise and the behaviour of invitees. Act, ss 59(2)(a), 167.

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

• The Owners - Strata Plan No 68255 owners corp
• Helena Marie Downs lot owner

The Tribunal ordered Ms Downs to carry out reinstatement works to remove alterations and additions to common property and reinstate it to its previous condition within 12 months, but dismissed the Owners' applications seeking orders to prohibit Ms Downs from exclusively occupying the mezzanine level balconies and Level 5 East Area.

• Caitlin McCue lot owner
• The Owners Strata Plan No 3844 owners corp
• Denise Fisher lot owner

The owners corporation was ordered to repair cracks to the common property bathroom wall of Lot 1 by 29 October 2021 and to pay the applicant $1,650 for repair works already performed due to the owners corporation's breach of its duty under section 106 of the Strata Schemes Management Act 2015.

EASEMENTS – whether the electricity meters within the respondent’s lot are subject to an easement in favour of the other lots; whether the easement gives the other owners the right to enter the respondent’s lot to read their meters. Act, ss 20(1), 331(3)(b); Standard Module, s 187; Building Units and Group Titles Act 1980, ss 17, 18.

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

• Natalia Trentelman lot owner
• The Owners – Strata Plan No 76700 owners corp

The appeal was dismissed; the Tribunal's decision to refuse to vary levies struck between 2015 and 2018 to reflect a subsequent reallocation of unit entitlements was upheld, as the Tribunal's exercise of discretion did not miscarry.