Decisions table

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.

COMMITTEE AUTHORITY The committee sent a letter to owners expressing concerns about the caretaker’s performance of its duties. The caretaker’s representatives say the committee failed to formally resolve to send the letter, and acted unreasonably because the concerns it expressed were based on factually incorrect propositions. The question is whether the committee acted unreasonably and was in any event required to formally resolve to send the letter. Body Corporate and Community Management Act 1997 (Qld), ss 94(2), 100(5)

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, s279

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 PROCEDURES; BODY CORPORATE DEBT – The applicant’s contributions to the respondent were increased part-way through a financial year without proper notice. The applicant had not paid them by the time of the respondent’s AGM and was denied a vote. The applicant asks that the AGM is declared void and held again. Standard Module, ss 10(2)(d), 16(2)(b), 102(2), 162(1)(a)&(5); Land Title Act 1994, s 115L(3).

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

PRIVATE NUISANCE – PUBLIC NUISANCE – UNREASOBALE INTERFERENCE – STANDING – INVESTIGATION BY ADJUDICATOR – EVIDENCE – BURDEN OF PROOF – QUIA TIMET INJUNCTION A lot owner allegedly caused nuisance and unreasonable interference to others’ use of lots and common property, and damaged common property. The questions are whether the alleged conduct could amount to private nuisance, public nuisance or unreasonable interference. The body corporate is the only applicant. The question is whether the body corporate has standing to apply orders to remedy harm to others. BCCM Act s 167(1)(a) private nuisance requires proof of ‘substantial’ interference whereas s 167(1)(b) unreasonable interference does not. The question is what is the implication of that ‘lack of substantiality’. The respondent did not make a submission in response to the application. The question is whether the adjudicator should draw an adverse inference from their lack of a denial. The applicant did not file evidence for some of the allegations. The question is whether an adjudicator is obliged to invite evidence from the applicant. The applicant sought declarations. The question is whether a declaration would have any utility in the circumstances. The applicant also sought injunctions to restrain the conduct, where the conduct had not continued. The question is whether a quia timet injunction is warranted where the likelihood of a further contravention is possibly low. The body corporate sought orders to restrict the form of the respondent’s communications with the body corporate. The question is whether an adjudicator has power to make such an order. Body Corporate and Community Management Act 1997 (Qld): s 167, 269 Hunt Leather Pty Ltd v Transport for NSW [[2025] HCA 53](/cgi-bin/viewdoc/au/cases/cth/HCA/2025/53.html "View Case")

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

INTERIM ORDER – whether an interim order requiring a lot owner to remove lattice is warranted. Act, s 279.

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

INTERIM ORDERS – whether interim orders are warranted in the circumstances. Act, s 100(5); Standard Module, s 174

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

INTERIM ORDER – whether interim orders are warranted. Act, s 279

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

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

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

MAINTENANCE – where the applicant had rectification works carried out to the stormwater utility infrastructure in their exclusive use courtyard – where the body corporate has not reimbursed the applicant for the cost of the work – whether orders are warranted. Act, ss 20, 94, 100, 177; Accommodation Module, ss 170(4), 182

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

STANDING – where the applicant has sold the lot, whether the outcomes sought are relevant or required; GENERAL MEETING MOTIONS – whether certain motions were invalid and orders should be made declaring the resolutions to pass them were, at all times, void; ADMINISTRATOR – whether an administrator should be appointed. Act, ss 94, 100(5), 227(1), 239C, 270, and 276(4)

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

MAINTENANCE – where body corporate undertakes repair work to an existing building on common property – whether maintenance or improvement – type of resolution required for approval. IMPROVEMENTS TO COMMON PROPERTY – where body corporate extended roof of building and concreted surrounding area – where motion put to general meeting incorrectly referred to approval by ordinary resolution instead of special resolution. REQUIREMENTS FOR VOTING PAPERS – where voting paper incorrectly referred to “ordinary resolution” instead of special resolution. Act, s 159, 276. Standard Module ss 88, 186 Oceana on Broadbeach v 21 Broadbeach Blvd P/L [[2025] QSC 68](/cgi-bin/viewdoc/au/cases/qld/QSC/2025/68.html "View Case")

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

INTERIM ORDER – whether an order stopping the body corporate from engaging a contractor for pool refurbishment works is justified. Act, ss 94(2); Accommodation Module, ss 176.

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

APPLICATION FOR INTERIM ORDERS – whether a group of same issue motions are invalid because they did not allow votes to be cast against them; whether the body corporate should be prevented from putting them into effect pending a final decision on the application. Act, s 108; Accommodation Module, ss 89, 171(2), 173.

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

COMMITTEE MOTIONS / REASONABLENESS – where the applicant sought the body corporate’s consent to lodge a development application with the local council – where the body corporate declined to provide its consent – whether the body corporate acted unreasonably. Act, ss 94, 269, 271; Accommodation Module, ss 44, 50

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

GENERAL MEETING PROCEDURE – whether a meeting was held out of time – whether inadequate notice of the meeting was given – whether the meeting should be invalidated – CONFLICT OF INTEREST – whether committee members failed to disclose a conflict of interest – RECORDS – whether the body corporate failed to provide records in the required time. Act, ss 94, 100, 205, 276; Accommodation Module, ss 58, 73, 81

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

BY-LAW – where the respondent replaced the glass panel on the lot’s entry door with Perspex without body corporate approval – whether there is a contravention of the by-laws – whether the respondent must replace the Perspex with glass – whether the body corporate is acting reasonably.

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

INTERIM ORDERS – whether interim orders should be cancelled. Act, s 279(2)(b)

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

GENERAL MEETING MOTION – whether a motion was validly ruled out of order – whether orders about the ruling and motion are warranted. Accommodation Module, ss 40, 88

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

PROPERTY DAMAGE – whether the body corporate is responsible for the cause of water ingress to a lot, where the alleged cause is a failed waterproofing membrane in a planter box. Act, s 281; Standard Module, s 180.

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

COMMUNITY MANAGEMENT STATEMENT – whether the community management statement includes a change that was not properly authorised – whether a new statement should be recorded to rectify the unauthorised change. Act, ss 62, 171

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

Whether orders may be made against a subsidiary body corporate in relation to the actions of the principal body corporate. Act, s 270(1)(c); Accommodation Module, s 201(1).

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. ADJUDICATOR POWERS – whether Adjudicator can be satisfied that an application raises a serious legal question and the balance of convenience between the parties justifies injunctive relief.

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

ACCESS TO A LOT – where the body corporate has issued a notice of entry seeking access to the respondent’s lot and where the respondent has refused access – whether orders are warranted. Act, s 163; Standard Module, s 180

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

INTERIM– 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.

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.

INTERIM ORDER – whether an interim order is warranted Act, s279

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

VISITOR PARKING – whether new terms and conditions not incorporated in by-laws were properly authorised. PARKING FEES – whether the body corporate has the power to charge fees to owners and occupiers who park on scheme land in contravention of parking terms and conditions not included in by-laws. Act, ss 59(2), 94, 96(1), 97, 100, 152(1)(a), 163A, 180(6), 180(7), 310

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 responsible for repairing the applicant’s balcony; whether it must carry out temporary “make safe” works before the application is determined. Act, s 279(1); Accommodation Module, ss 112(2)(a), 127(1)-(2), 158(3).

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

IMPROVEMENTS TO COMMON PROPERTY – BY-LAWS – where there have been numerous improvements to common property benefiting lots - whether the improvements require approval – whether the improvements require a grant of exclusive use – whether the lots benefit from a statutory easement in respect of some improvements – whether the owners are in breach of any by-laws. Act, ss 35, 62, 67-70, 170, 182-188; 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.

MAINTENANCE; PROPERTY DAMAGE – whether a weep hole is defective and caused water ingress to the applicant’s lot; whether the body corporate must repair the weep hole and reimburse the applicant’s expenditure on an engineer to investigate the problem. Accommodation Module, s 170(1).

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

BODY CORPORATE DEBT – where the applicant has been charged for the installation of two power points on common property and for electricity which she disputes – where the body corporate revoked the applicant’s right to vote due to these charges being unpaid claiming she owes a body corporate debt – whether the charges amount to a body corporate debt – whether the applicant’s right to vote should be restored. Act, ss 44, 163, 229A, 242; Standard Module, ss 71, 210, 216, 218, 224

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

GENERAL MEETING PROCEDURES – whether it was valid for all motions at an annual general meeting to be decided by secret ballot; whether some motions might be declared void, notwithstanding that the committee resolution recommending the use of secret ballots stands unchallenged. Act, ss 100(5), 108-110, 242; Standard Module, ss 15(3), 108(1).

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

MAINTENANCE – whether the body corporate must maintain a carport on common property. Accommodation Module, s 170

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

MAINTENANCE – whether owner has failed to maintain their bathroom in good condition – whether failure to meet building regulations constitutes a maintenance breach – whether owners are required to rectify alleged defects. Act, s20; Accommodation Module, ss170, 201

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

INTERIM ORDERS – whether interim orders are warranted in the circumstances. Act, ss 154, 157, 159, 279; Standard Module, ss 180, 184, 185, 190, 210

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

MAINTENANCE – obligations of body corporate to maintain components of a building where it is registered on a Building Format Plan CONFLICTS OF INTEREST – whether applicable to voting in a general meeting RATIFICATION of committee expenditure by General Meeting BODY CORPORATE RECORDS – whether the body corporate breached the Act by failing to provide the applicant with access to all body corporate records. Act, s 205, 280; Accommodation Module, ss 58, 107, 170, 204, Carroll v Body Corporate for Palm Springs Residences [[2013] QCATA 21](/cgi-bin/viewdoc/au/cases/qld/QCATA/2013/21.html "View Case") Quarante Pty Ltd v Owners of Strata Plan No 67212 [[2008] NSWCA 258](/cgi-bin/viewdoc/au/cases/nsw/NSWCA/2008/258.html "View Case") Warren v Body Corporate for Buon Vista (No 2) [[2006] QDC 398](/cgi-bin/viewdoc/au/cases/qld/QDC/2006/398.html "View Case") The Groves No. Four Minyama [](https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2017/371.html "View Case")[[2017] QBCCMCmr 371](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2017/371.html "View Case") Tank Tower [[2015] QBCCMCmr 322](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2015/322.html "View Case")

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.

BY-LAWS – whether a notice purportedly issued on behalf of the body corporate alleging owners were breaching the by-laws and seeking removal of items was valid. Act, ss 94, 100, 182-188

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

BY-LAWS - whether the respondent is breaching a by-law by storing items on common property. Act, ss 182-188

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

GENERAL MEETING – whether notice of extraordinary general meeting complied with legislative requirements; GENERAL MEETING MOTION – whether motions proposed by committee provided owners with sufficient notice of what was proposed and the implications if the body corporate decided to pass the motions; EXPENDITURE – whether motions proposing expenditure above the relevant limit for major spending at the scheme complied with the legislative requirements. Act, s 94(2); Accommodation Module, ss 77, 81, 161, 163

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

GENERAL MEETING PROCEDURES – whether the minutes of an annual general meeting should be amended to address various alleged irregularities. COMMITTEE ELECTION – whether a committee election should be deemed void and a subsequent committee resolution overturned because the applicant did not hear an owner nominate one of the committee members. BY-LAWS – whether a security camera and air conditioner were installed in breach of the by-laws; whether the body corporate should require their removal. REASONABLENESS – whether the body corporate acted unreasonably by voting down motions to permit the applicant to install a security camera and air conditioner given it authorised another owner’s security camera and air conditioner several months later. Act, ss 94(2), 100(4); Standard Module, ss 38, 88(6)(a), 98(1)(a)(ii), 113(b), 117(3), 128(4)(b).

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

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.

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.

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.

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.