Decisions table

IMPROVMENTS – where the applicant seeks to install fences on her lot and on the boundary with common property – where the committee failed to act reasonably in refusing approval – whether the approval should be deemed to be given - whether the body corporate must contribute to the cost of the fences – whether the body corporate should pay the application fees for this dispute. Act, ss 94(2), 100(5), 311; Standard Module, s 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. 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 in the circumstances.

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

INTERIM ORDER – where owner alleges that there was insufficient or no notice given to owners to propose motions and committee nominations for AGM and insufficient notice of the AGM being held – where owner seeks interim order to stop AGM being held until compliant notices are given – whether interim order is warranted. Act, s 279

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

BY-LAW CONTRAVENTION- PARKING ON COMMON PROPERTY WITHOUT AUTHORISATION BY THE BODY CORPORATE WHETHER BODY CORPORATE ENTITLED TO TOW A VEHICLE PARKED IN CONTRAVENTION OF BY-LAWS Act, ss 182 to 188, 276

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

Extending an interim order. Act, s 279(2)(b)

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

COMMITTEE DECISION – ENCROACHMENT – REASONABLENESS – ACQUIESCENCE – RESTRICTED ISSUE – where lot owner encroached onto common property by enclosing part of common property to incorporate it into use of lot – where proceedings commenced in Supreme Court to regularise encroachment under Property Law Act – where proceedings in BCCM separately commenced challenging validity of committee elections – where committee resolved to remove encroachment wall – whether reasonable to resolve to remove encroachment where Supreme Court proceedings and validity of committee unresolved – whether committee decision was a demand for possession bringing the licence to an end – whether committee decision to bring licence to an end was a restricted issue. Act, ss 94(2), 100(5); Commercial Module, s 17

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

REQUEST TO PARK ON COMMON PROPERTY – whether the body corporate acted unreasonably in refusing to renew permission for the applicant to park his vehicle on common property outside his lot Act, ss 59 and 94

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

BY-LAW CONTRAVENTION- PARKING ON COMMON PROPERTY WITHOUT AUTHORISATION BY THE BODY CORPORATE Act, ss 182 to 188, 276

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

MAINTENANCE UNDER BUILDING FORMAT PLAN – whether the body corporate must replace waterproof membranes in a courtyard and planter box within a lot. Act, ss 20, 228, 276(1); Accommodation Module, ss 152(2), 170.

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

REASONABLENESS – COMMITTEE DECISION – where lot owner applied for approval to keep two dogs – where by-law required approval – where committee declined application largely on the basis that the scheme is unfenced – where by-laws already required animals to be kept within the lot – whether committee decision was unreasonable. Act, s 100(5)

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

Whether a general meeting motion is invalid; whether the body corporate should reimburse the applicants the fees paid for making dispute resolution applications. Act, ss 20, 94, 276, 280; Standard Module, ss 180, 211.

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

Whether the body corporate has a duty to install fixates and fittings on a lot; whether the body corporate must reimburse the applicants for fees paid for dispute resolution applications. Act, ss 94, 152, 280.

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

MAINTENANCE UNDER BUILDING FORMAT PLAN; PROPERTY DAMAGE; INSURANCE – whether lot owner was responsible for the maintenance of a flexi hose in their bathroom; whether the excess payable under the body corporate’s policy of insurance imposes an unreasonable burden upon the applicants. Act, s 20; Accommodation Module, ss 193, 201. Land Title Act 1994, s 48C.

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

COMMITTEE – REASONABLENESS OF DECISION– whether a committee decision to refuse an application for an external awning and shutters was unreasonable. Act, ss 94(2), 100(5). Beaches Surfers Paradise v. Backshall [[2016] QCATA 177](/cgi-bin/viewdoc/au/cases/qld/QCATA/2016/177.html "View Case") Albrecht v Ainsworth & Ors [[2015] QCA 220](/cgi-bin/viewdoc/au/cases/qld/QCA/2015/220.html "View Case") Ainsworth & Ors v Albrecht & Anor [[2016] HCA 40](/cgi-bin/viewdoc/au/cases/cth/HCA/2016/40.html "View Case") Gold Coast Apartments v Price [[2017] QCATA 99](/cgi-bin/viewdoc/au/cases/qld/QCATA/2017/99.html "View Case")

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

GENERAL MEETING MOTION – where a motion to record a new community management statement to change contribution schedule lot entitlements failed to achieve a resolution without dissent – whether the dissenting voter’s opposition was unreasonable in the circumstances -whether an adjudicator can make the order sought. Act, ss 47A, Schedule 5, item 10

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

MAINTENANCE; PROPERTY DAMAGE – whether an owner is responsible for the maintenance of their leaking shower waste pipe, which is set into the slab separating their lot from the lot below, or for the property damage and lost rent it has caused to the owner of the lot below; whether the owner must repair their hot water system. Act, ss 20, 281; Standard Module, ss 180, 211.

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

COMMITTEE ELECTION – whether the applicant was eligible to be a voting member of the committee at the time of the annual general meeting – whether the applicant nominated himself or was nominated. Standard Module, ss 10(2)(d), 38, 163

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

Responsibility for rectification of damage to lot caused by water ingress. COMPENSATION – where Mr Grace claims water ingress caused damage to his property due to a body corporate maintenance failure – whether the body corporate is liable for Mr Grace’s claimed damage and temporary accommodation costs – whether the body corporate failed to act reasonably in not carrying motions to compensate applicant. Act, ss 94(2), 152, 281; Standard Module, ss 180, 211

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

NOISE BY-LAW – whether the respondent has generated noise in his lot in breach of the scheme’s noise by-law Act, ss 59, 182-184

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

INTERIM ORDER – whether 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 prevented from acting upon all general meeting resolutions pending final orders because it gave insufficient notice of the extraordinary general meeting or because of issues with voting forms – whether the body corporate should be prevented from acting on specific resolutions pending final orders because those specific motions did not comply with statutory requirements. Act, s 279(1); Accommodation Module, ss 79, 95, 125, 147, 174 and 176.

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

VOTING AT GENERAL MEETINGS WHERE VOTING PAPER SIGNED UNDER AN ENDURING POWER OF ATTORNEY WHERE PROXY GIVEN BY LOT OWNER TO EXERCISE THEIR VOTE Act, ss 103, 276; Standard Module, ss 129, 130 s 48A Acts Interpretation Act 1954

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

BY-LAWS – where the applicant alleges the respondent and an occupier of the lot are parking vehicles in the visitor car space – whether the respondent is in breach of the by-laws – whether owner of second vehicle is an occupier and parking in breach of the by-law – whether orders are warranted. Act, ss 59, 94; Accommodation Module, ss 182-188

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

FINANCIAL YEAR – whether the financial year end date for the body corporate should be changed. Act, s 283

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

PAYMENT – where lot owner alleges contribution notices were issued late and caused him to miss out on early payment discounts – where owner paid the full amounts and now claims reimbursement for the discount portion - whether order can be made to refund monies already paid. Act, s 94

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

RETURN OF BODY CORPORATE PROPERTY – whether the former body corporate manager has returned all the body corporate’s electronic records and/or returned them in an acceptable format in accordance with the legislative requirements Small Scheme Module, s 149

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

MAINTENANCE OBLIGATIONS OF OWNERS AND BODY CORPORATE - OBLIGATION OF THE BODY CORPORATE TO MAINTAIN COMMON PROPERTY IN GOOD CONDITION - OBLIGATION OF THE BODY CORPORATE TO MAINTAIN ROOFING STRUCTURES PROVIDING PROTECTION INCLUDING ROOFING STRUCTURES THAT ARE NOT COMMON PROPERTY Act, ss 94, 276; Accommodation Module, s 170

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

MAINTENANCE – where owners have exclusive use of common property - where maintenance work to the exclusive use areas has been required by the body corporate’s insurer – whether the lot owners or the body corporate is responsible for the work. Standard Module, s 192

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

IMPLEMENTATION OF MOTION – where the body corporate resolved to engage a body corporate manager – where the committee did not implement the resolution – where the body corporate subsequently revoked the resolution – whether the body corporate must give effect to the original motion. Act, ss 101(2), 101B; Accommodation Module, ss 106, 163

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

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 – whether interim order is warranted. Act, s 279

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

Whether the respondent is liable for costs incurred by the body corporate. Act, ss 94, 163, 281.

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

BODY CORPORATE DEBT – where the applicant agreed to indemnify the body corporate for costs relating to works on its lot – where the body corporate invoiced the applicant for legal costs it incurred – whether the costs were covered by the indemnity – whether the costs constituted a body corporate debt – whether the committee decision to invoice the applicant was reasonable – whether an adjudicator has jurisdiction to determine the dispute. Act, ss 94(2), 100(5), 229A, 270(1)(c), 276

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

BUILDING FORMAT PLAN MAINTENANCE – whether the body corporate must repair the roof. PROPERTY DAMAGE – whether the body corporate must repair an owner’s ceiling because it was damaged by leaks from the roof, because it is a fire-rated ceiling and the plaster joints have cracked, or because it was damaged by trapped steam due to the failure of an exhaust fan that is part of a building-wide system. Act, ss 20, 101(2), 163, 281; Accommodation Module, ss 170(1), 201(3); Land Title Act 1994, s 48C.

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

Whether the body corporate acted reasonably in making a decision. Act, s 94.

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

INTERIM ORDER – where requested interim orders are mandatory injunctions which impose a burden on the respondent and go beyond maintaining the status quo – whether interim order is warranted. Act, s 279

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

UTILITY INFRASTRUCTURE – whether the body corporate is responsible for the maintenance and operating costs of smoke exhaust fans on common property. Act, ss 20, 94(1)(a); Accommodation Module, ss 150, 152, 170, 177, 182(2).

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. REFEREE POWERS – whether Referee can be satisfied that an application raises a serious legal question and the balance of convenience between the parties justifies injunctive relief. SDW2 Pty Ltd v JLF Corporation Pty Ltd [[2017] QSC 001](/cgi-bin/LawCite?cit=%5b2017%5d%20QSC%20001 "View LawCiteRecord") Australian Broadcasting Corporation v O'Neill [[2006] HCA 46](/cgi-bin/viewdoc/au/cases/cth/HCA/2006/46.html "View Case") Act, s279.

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

REASONABLENESS – where the applicants’ request to install a small lock box on common property was refused by the committee – whether the committee acted unreasonably in refusing the request Act, ss 94(2), 100(5); Accommodation Module, s177

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

MAINTENANCE – obligation of body corporate to maintain windows and associated fittings in boundary walls, roofing membranes and roofing structures in scheme created under a building format plan of subdivision. Act, s 152(1); Standard Module, s 180

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

REASONABLENESS – whether body corporate’s refusal to approve occupier’s painting of exterior of lot in breach of by-laws was reasonable in the circumstances. Act, s 94; Standard Module, s 180

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.

MAINTENANCE UNDER BUILDING FORMAT PLAN; PROPERTY DAMAGE; INSURANCE – whether lot owner was responsible for the maintenance of a flexi hose in their bathroom; whether the excess payable under the body corporate’s policy of insurance imposes an unreasonable burden upon the applicants. Act, s 20; Accommodation Module, ss 193, 201. Land Title Act 1994, s 48C.

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

MAINTENANCE – whether the body corporate is required to retile and install a waterproof membrane on a leaking balcony of a lot under a building format plan of subdivision. Standard Module, ss 180, 211(3).

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

EXCLUSIVE USE – Parking of vehicle on common property – where common property parking space let on a yearly basis – whether a grant of exclusive use required - general right of lot owners to use common property. Act ss 35, 94, 170 to 177. Standard Module ss 106, 184.

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

REASONABLENESS – body corporate’s refusal to allow discounts for a contribution payment made after due date during the COVID-19 emergency – whether application concerns a debt dispute for which adjudicator is without jurisdiction – whether committee acted reasonably in denying lot owner’s request. Act, ss 94(2), 100(5), 229A, 270(1)(a), 276(1), 323E; Accommodation Module, ss 154, 156

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

IMPROVEMENT TO COMMON PROPERTY – where the applicant wishes to replace the fence bordering her exclusive use area with a fence of a different style – where the applicant has security concerns – where a motion seeking approval for the change was not approved – whether the body corporate acted reasonably – whether the applicant should be permitted to make install the proposed new fence. Act, ss 94(2), 100(5); Standard Module, s 193

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.

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

AGM PROCEDURES – whether an annual general meeting held in 2021 should be declared void because it was held before minutes of the committee resolution to call it were circulated, the statement of accounts was not attached to the notice of meeting, an auditor’s report was not circulated until after the meeting, the disclosure of the body corporate’s insurance policies lacked some detail, some figures on historical expenditure varied between the proposed budget and the audited statement of accounts, some proxy forms were irregular, proxy votes were used contrary to an earlier resolution of the body corporate, or due to sundry other alleged defects. BODY CORPORATE EXPENDITURE – whether body corporate funds were validly used to pay a legal invoice issued to several committee members; whether the payment is now a debt owing to the body corporate. Act, ss 240(1), 242(2)(a), 270(1)(c); Standard Module, ss 52(1)(f), 72, 73, 82(1), 83, 93(3)(a), 128(2), 129(1)(a), 160, 172(1), 175, 196.

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