Decisions table

GENERAL MEETING VOTING – where a new owner provided their details for the roll, but the body corporate did not enter those details in the roll before a general meeting – where the owner’s vote was excluded because they were not on the roll – where a motion failed by one vote – whether the motion should be deemed passed. Act, ss 94(2), 100(5); Accommodation Module, ss 91, 213, 214

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

INTERIM ORDER The body corporate refused the applicant’s request to keep a pet. Should an interim order be made to allow the applicant to keep a pet, pending a final determination of the application? Act, s 100(5) INTERIM ORDERS: Pending further or final order, and with effect for no more than 12 months, the owner and occupiers of Lot 39 are deemed to have the Body Corporate’s approval to keep the dog Lulu on the scheme, subject to the following conditions: a. The dog must ordinarily be kept within the lot when on scheme land, and must not be on the common property except while restrained and being taken to or from the lot. b. The dog must not interfere unreasonably with any person's use or enjoyment of another lot or the common property. This approval does not apply to an additional or different animal. The Body Corporate may take steps to have the dog removed if it has reasonable grounds to believe that these conditions have not been substantially complied with and the applicant has unreasonably failed to comply with written notice of the alleged non-compliance.

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

BY-LAWS – whether the respondent is breaching a parking by-law. Act, ss 183, 184, 280.

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

PROPERY DAMAGE – where the applicant claims a window was damaged by the body corporate’s cleaning contractor – whether the body corporate is responsible for the cost of replacing the window – INSURANCE EXCESS – where an intruder damaged the applicant’s garage doors – where the damage was covered by insurance – whether the body corporate should pay the insurance excess. Act, s 94(2), 100(5), 281; Accommodation Module, ss 170, 201, 203

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

COMMITTEE MOTION – to erect temporary fencing between lots 1-7 and the river boardwalk - whether valid. Act, s 100(5)

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

IMPROVEMENT TO COMMON PROPERTY – REASONABLENESS – whether committee acted unreasonably in refusing approval for installation of electric vehicle charger. Act, ss 100(5), 159, 173, item 17 of Schedule 5; Accommodation Module, ss 177, 183, 217

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

ADMINISTRATOR – whether an administrator should be appointed – who should be appointed, with what powers, and for how long. Act, ss 276, 278, 301

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

COMMITTEE RESOLUTION – where the body corporate committee repeatedly refused to allow an owner to purchase a dog and keep it at the scheme subject to conditions proposed by the body corporate - whether the committee acted unreasonably making the decisions – whether approval for the dog should be deemed granted. Act, s 100(5).

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

GENERAL MEETING; GENERAL MEETING MOTION – whether valid. Act, ss 227(1)(c), 270(1)(c); Accommodation Module, ss 58, 60(3), 88, 91, 100(e), 106

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

GENERAL MEETING MOTION – where a motion to reappoint the body corporate manager was put forward at the scheme’s annual general meeting – where the applicant alleged the motion did not follow the correct procedure and requested it be ruled out of order – where the chairman declined to rule the motion out of order and the motion was carried – whether the motion should be invalidated. Standard Module, s 173

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

COMMITTEE PROCEDURES – whether the committee can refuse to permit electronic attendance of a committee meeting. Act, s 100(5); Accommodation Module, s 55.

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

FINANCIAL MANAGEMENT – where the body corporate passed on to the applicant the charge for an unwanted fire alarm activation in the applicant’s lot – where the applicant paid the charge and now disputes it - whether the body corporate should reimburse the charge. Act, ss 94, 100; Standard Module, s 210

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

MAINTENANCE – where the body corporate carried out work to an exclusive use area – whether the owner is responsible for the costs of the work carried out – whether the body corporate acted reasonably – whether the dispute is a ‘debt dispute’; where a fence has fallen into disrepair – whether the body corporate is responsible for replacing it. Act, ss94, 229A; Standard Module, ss192(2), 212

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

APPLICATION FOR INTERIM ORDERS – where the applicant argues that a motion to engage a contractor to install water meters was void – where the motion failed – whether the body corporate should be prevented from engaging a contractor until the validity of the motion can be decided. Act, s 279(1).

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

APPLICATION FOR INTERIM ORDER – where the applicant constructed a shed on common property in the scheme’s basement carpark – where the body corporate voted at a general meeting for the shed to be removed but the applicant submits the decision is unreasonable and in breach of the Act and the code of conduct – whether there are circumstances to warrant granting an interim order in this case. Act, ss 94, 100; Standard Module, s 52

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

BY-LAWS – where a by-law specifies that timber shutters matching those in lot 2 are to be installed at the front of the lots – where the respondent removed the timber shutters and replaced them with white linen curtains – whether the respondent must reinstate the timber shutters and reimburse the applicant’s conciliation and adjudication application fees. Act, ss 59(2)(b), 62(3)(a), 169(1)(b)(i), 280.

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

GENERAL MEETING – where notice was not properly given to owners to propose motions and committee nominations for AGM and late notice was given of the AGM being held – where owner seeks to have AGM held again Standard Module, s 16, 91

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

UTILITY INFRASTRUCTURE – IMPROVEMENT – EASEMENT – MAINTENANCE WHERE: the body corporate wishes to clean high rise building exterior windows and balustrades; the body corporate wishes to install anchor points on the applicant’s lot to occasionally attach abseiling equipment; the body corporate issued a notice of entry to install the anchor points; the applicant lot owners object because they would be permanent installations; the body corporate says alternatives are not financially viable; the parties have agreed to an interim alternative mechanism which does not require installation of the anchor points WHETHER: the entry notice is valid; the anchor points are an improvement to the lot or instead are utility infrastructure; there is an easement over the lot in favour of installing the anchor points; the anchor points are reasonably necessary to supply the cleaning utility service; the body corporate acted unreasonably in deciding to install the anchor points without consent of the owner Body Corporate and Community Management Act 1997, ss 158, 163, 68, 94 Land Title Act 1994 (Qld), s 115P

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

APPLICATION FOR INTERIM ORDER – where the body corporate committee has refused the applicant permission to keep her dog in Lot 1 at the scheme – whether there are circumstances to warrant granting an interim order in this case. Act, ss 94, 100, 247

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

IMPROVEMENT TO COMMON PROPERTY – where the body corporate committee resolved to relocate common property plumbing infrastructure at body corporate expense solely to facilitate the installation of a new air conditioner within a lot – whether the committee acted unreasonably – whether the body corporate must recoup the plumber’s fees from the lot owners – whether owners should always be required to meet the cost of changes to common property made solely to facilitate the improvement of their lots. Act, ss 20(1)(b), 100(5); Accommodation Module, ss 170(1), 176, 177.

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

MAINTENANCE UNDER BUILDING FORMAT PLAN – where several engineers have mentioned movement of the foundations and questioned whether plumbing leaks and poor drainage might be contributing – where the applicant submitted a motion to a general meeting proposing to engage an engineer to conduct further investigations, but the motion failed - whether the body corporate acted unreasonably when deciding against the motion – whether the body corporate must engage someone to identify the cause of cracking and movement in the foundations and investigate plumbing and drainage conditions at the scheme. Act, ss 20, 94(2); Standard Module, s 180.

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

EXCLUSIVE USE BY-LAW – whether motion requiring a vote without dissent for a new exclusive use by-law failed to pass because of opposition that was, in the circumstances, unreasonable. Act, ss 55, 170, 171, 276(1)(b), 276(3), Schedule 5.

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

GENERAL MEETING MOTION – to require owner to reimburse expenditure previously authorised by the committee – whether valid. Act, ss 94(2), 242; Accommodation Module, s 170

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

REASONABLENESS; COMMITTEE RESOLUTION – whether the committee acted unreasonably when refusing to grant approval for the applicant’s dogs to reside at the scheme – whether the committee’s decision should be reversed. Act, ss 4(a), 100(5), 179.

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

INTERIM ORDERS – where prospects of final orders are poor – whether to make interim orders Act, s 279

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

IMPROVEMENT – where owner in a two-lot scheme seeks approval from other owner to make improvement to exclusive use area - whether approval for the improvement should be given – whether body corporate acted unreasonably. Act, s94; Small Scheme Module, s112

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

PROPERTY DAMAGE; REASONABLENESS – whether the body corporate failed to maintain utility infrastructure forming common property – whether such failure caused damage to the applicant’s property – whether the body corporate acted unreasonably in denying the applicant’s claim for the replacement of purportedly damaged property Act, ss 20, 94(2), 100(5), 270(3), 280 and 281; Accommodation Module, s 170

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

BY-LAWS – whether the respondent has contravened the scheme’s by-laws Act, ss 59, 161, 168, 169; 180(7); 270(3)

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

IMPROVEMENTS TO COMMON PROPERTY; EXCLUSIVE USE – where there is evidence past owners intended to divide the common property for the exclusive use of each of the two lots but no exclusive use by-law was ever recorded – where the respondent made improvements within what he believed to be his exclusive use area seemingly without body corporate approval – whether each lot should be given the exclusive use of half the common property – whether the respondent should remove his improvements. Act, ss 35(1), 62(2)&(3)(a), 65(1), 170(1), 179; Standard Module, ss 187, 193; Building Units and Group Titles Act 1980, s 30(7D)-(7E).

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

EGM PROCEDURES - Chairperson to have available for inspection a list of the names of the persons who are entitled to vote. COUNTING OF VOTES- entitlement to request a poll. COMMITTEE SPENDING – where spending involves payment of insurance premium. RATIFICATION - circumstances where spending can be subsequently ratified by a general meeting. Act, ss 47, 73, 77 Schedule 2, Part 2

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

EMERGENCY EXPENDITURE – whether circumstances constitute an ‘emergency’; MAINTENANCE. Act, ss 94(2); Accommodation Module, ss 152(2), 153(1), 161(2), 162(1), 163, 170(1)

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

ANIMAL BY-LAW – whether the committee acted reasonably in refusing permission for applicant’s animal as required under by-laws – whether approval should be given for the animal. Act, ss 94(2), 100(5)

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

APPLICATION FOR INTERIM ORDER – where the body corporate has refused to reconsider the entry and exit access conditions it imposed on the applicant’s pet approval – whether the circumstances warrant granting an interim order in this case. Act, ss 94; 100

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

APPLICATION FOR INTERIM ORDERS – where a general meeting voted to change the opening hours of an automatic gate that allows vehicles to enter the car park – where the applicant proposed alternative opening hours that would better suit the business operations of his tenant but his motion failed – where the applicant argues that the body corporate acted unreasonably and failed to properly substantiate its claims in its explanatory note – whether the opening hours proposed by the applicant or the opening hours formerly in effect at the scheme should be implemented on an interim basis while the application is decided. Act, ss 94(2), 279(1).

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

BY-LAWS – whether the respondents have parked vehicles on common property in breach of the by-laws - whether a trailer is a vehicle. Act, ss 59, 182-188.

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

COMMITTEE ELECTION – whether votes cast by corporate nominees were validly rejected – whether vote cast by representative under power of attorney was validly rejected. Standard Module, s101

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

GENERAL MEETING MOTION / COMMITTEE MOTION / REASONABLENESS – where the scheme’s by-laws require approval from the body corporate to change external colours of any building located on a lot – where the applicant sought permission from the body corporate to change certain external colours but approval was refused – whether the body corporate has acted unreasonably. Act, ss 94, 100; Standard Module, ss 116

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

ACCESS TO RECORDS – where the applicant seeks a copies of records Act, ss 15, 205 Schedule 6. COMMITTEE RESOLUTIONS Standard Module, ss 68, 69, 204, 205, 231, 233.

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

MAINTENANCE – whether window awnings require maintenance - whether the body corporate is responsible for the work – whether the awnings can be repaired, replaced, or removed. Act, s152; Standard Module, ss 172, 173, 180, 186

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

GENERAL MEETING – COMMITTEE MEETING – COSTS – where legislation requires meeting minutes to be distributed within 21 days – where owner complains that body cororate has not issued meeting minutes propmptly – whether to order that meeting minutes be issued within the period required by law – whether it is appropriate to make an order wich does no more than restate the law – whether to order costs against the applicant Act, ss 77(1); 94C

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

CONTRIBUTIONS – where committee refused to reinstate a lost discount – whether there were special reasons to allow the discount – whether the committee acted unreasonably in refusing to allow the discount. Act, s94, 100(5); Standard Module, s166(6)

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

GENERAL MEETING PROCEDURE – COMMITTEE ELECTION – GENERAL MEETING MOTIONS – whether there were defects in the conduct of the annual general meeting– whether the committee nomination and election processes were valid – whether motions were properly considered – whether the meeting should be invalidated. Act, ss 94(2), 100, 242; Commercial Module, ss 14, 40, 56

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

BY-LAWS – where the applicant complains of intrusive noise from the lot above that she attributes to inadequate acoustic insulation beneath the vinyl flooring and tools being used within the lot – where the vinyl flooring was installed by a previous owner of the lot – whether the flooring was installed in compliance with the by-laws – whether the present owner must engage an acoustic engineer to test the floor’s compliance with the by-laws, change the flooring, or take other measures to reduce the noise in the applicant’s lot. Act, ss 167, 270(1)(e).

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

BY-LAW – where a lot owner complains of noise from the lot above – where a by-law requires owners to take all reasonable steps to minimize noise from moving furniture on hard floors – whether the body corporate ought to be ordered to issue a contravention notice to the owner. Act, s 182

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

CHANGE OF FINANCIAL YEAR – whether an order should be made to change the body corporate’s financial year. Act, s283

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

PROPERTY DAMAGE – COSTS - where the applicant says defects on their balconies were caused by the failure of the waterproof membrane and the actions of the body corporate’s window-cleaning contractors – whether the body corporate should reimburse the applicant for repair costs – whether the body corporate must carry out repairs – whether the body corporate is liable for other damage and other costs. Act, s 281; Standard Module, ss 180, 211

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

COMMITTEE - Eligibility to be Voting Member of Committee- where member of committee receives payment for ad hoc maintenance work – whether a “service contractor” - whether member of committee has complied with Code of Conduct for committee members GENERAL MEETINGS – requirements for minutes of meetings MOTIONS - Validity of motion - Requirements for valid general meeting motions COSTS – jurisdiction of adjudicator to award cost to applicant. Act, ss 15, 101B, 270, Schedule 1A, 280; Standard Module, ss 10, 98, 117

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

GENERAL MEETING MOTION – CONTRIBUTIONS – CARETAKER – LETTING AGENT – EXPENDITURE – REASONABLENESS – where resolutions purported to raise a special levy but did not comply with legislated requirements for raising special levies – whether to declare resolutions void for that reason – where resolutions authorised substantial expenditure for works and asset purchases based on attached quotations but granted the building manager discretion to choose alternative suppliers or products – whether the resolutions constituted an unlawful delegation of a body corporate power – where resolution authorised purchase of a motor vehicle to be used at the building manager’s discretion – whether the purchase was beyond the scope of the body corporate’s power to acquire personal property – where multiple lot owner cast the majority of votes but did not own the majority of lots – where resolutions alleged to improperly benefit that owner to the detriment of other owners – whether ‘fraud on the minority’ applies – where resolution purported to amend caretaker agreement to allow caretaker to spend substantial sums without body corporate approval – whether passing resolution was unreasonable – where resolutions purport to amend letting agent agreement in respect of exclusivity of rights to let lots – whether passing resolutions was unreasonable\_‑\_ Act, ss 94(2); 97 Accommodation Module, ss 152(2); 179(2)

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

BODY CORPORATE RECORDS – where body corporate provided lot owner with copies of body corporate records, whether body corporate had valid basis for invoicing lot owner – whether committee for body corporate acted reasonably and in compliance with code of conduct in its dealings with lot owner about the records and invoice – whether lot owner should be reimbursed for expenses and costs of conciliation and adjudication applications. Act, ss 205, 252E(5)

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

BY-LAWS – where the body corporate and a lot owner disagree over the boundaries of the lot’s exclusive use area – where the lot owner has exclusively occupied and improved the disputed area without body corporate authority – whether the disputed area is part of the exclusive use area – whether the lot owner has breached a by-law against unauthorised changes to common property Act, s 59

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