Decisions table

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.

NOTCE – EXTRAORDINARY GENERAL MEETING – where body corporate passed spending motion for pool works but neglected to present a motion to approve the works – where works have already commenced – where committee seeks approval to hold EGM on 7 days’ notice to present motion to approve the works. Accommodation Module, s 81

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.

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

BY-LAWS – NUISANCE, HAZARD, UNREASONABLE INTERFERENCE – where the respondent smokes on her lot and balcony – where the applicant experiences smoke drift – whether the respondent is in breach of the by-laws - whether the respondent is causing a nuisance, a hazard, or an unreasonable interference. Act, ss 167, 182-186

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

APPLICATION FOR INTERIM ORDERS – whether the decisions of an extraordinary general meeting should not be implemented until it can be determined whether some owners’ votes were incorrectly disregarded and the meeting was called without proper authority. Act, ss 151, 279; Standard Module, ss 48(1)(a)(i), 84, 98(1), 101, 104(b), 128(5), 129(1)(a), 130(3)(c), 222, 234, 235.

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.

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.

BY-LAWS – whether a lot owner is in breach of a by-law requiring yard landscaping to be maintained in good condition. Act, s 30

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

ANIMAL BY-LAW – whether the respondent’s dogs are barking in breach of the by-laws – whether the respondent should be required to remove the dogs. Act, ss 182-188

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

APPLICATION FOR AN INTERIM ORDER – whether there is a question of law for determination and whether the balance of convenience falls in favour of the applicant –request by the applicant that she be permitted to walk her dogs on a lead over common property, pending a decision on the application for final orders. Act, ss 100(5), 169, 269(3), 276(1), 279(1).

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. Accommodation Module, s 73

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

GENERAL MEETING PROCEDURES – where votes for the committee ballot were accepted and counted after the annual general meeting –whether votes received after the meeting were valid – GENERAL MEETING MOTION – whether a motion is valid. Act, ss 94; Accommodation Module 2020, ss 14-26

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.

DECLARATORY ORDER – ANNUAL GENERAL MEETING – where the annual general meeting is to be held more than three months after end of financial year – whether to extend the time for the annual general meeting to be held – whether to declare the annual general meeting will be not be invalid for being held late Accommodation Module s 73; Standard Module s 83; Commercial Module s 40

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

NOTCE – EXTRAORDINARY GENERAL MEETING – where body corporate is uninsured – where committee unable to source required insurance – where committee has sourced alternative insurance offer – where committee seeks approval to call and hold extraordinary general meeting on 10 days’ notice. Accommodation Module, s 81

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

INTERIM ORDER – where committee refused lot owners’ application to bring a dog onto the scheme – where applicants allege committee decision was unreasonable – whether to grant interim order to allow dog to be brought onto the scheme pending further or final order. Act, s 279

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

MEETING NOTICE – whether the body corporate should be authorised to hold an extraordinary general meeting without 21 days’ notice. Act\_,\_ s 276\_;\_ Accommodation Module, s 81

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

INTERIM ORDER – MAINTENANCE – IMPROVEMENT – where body corporate passed motion to inspect, repair and add membrane coating to all concrete tiled roofs – where applicants say some of the works are unnecessary and the membrane is an improvement – whether reasonable to pass motion to inspect and repair all roofs without quotations for actually necessary repairs – whether adding membrane is an improvement to common property which required a special resolution – whether to grant interim order. Act, s 279; Standard Module, s 180

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

INSURANCE – whether the body corporate must reimburse an owner for the cost of repairs to her lot because it failed to authorise her to seek a review of the body corporate insurer’s decision to reject her claim. Act, ss 97, 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, 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.

APPLICATION FOR INTERIM ORDERS – whether the body corporate should be restrained from issuing parking tickets to owners and occupiers parking improperly on common property until a final decision can be made regarding the body corporate’s power to require the payment of parking fees; whether signs erected on common property warning of the potential imposition of parking fees should be removed or altered pending final orders. Act, ss 35(1)&(4), 59(2)(b)-(d), 180(6), 279.

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

BODY CORPORATE – whether the body corporate acted reasonably including making a decision. Act, ss 94, 205; Standard Module, s 232

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

APPLICATION FOR INTERIM ORDERS – whether the decisions of an extraordinary general meeting should not be implemented until it can be determined whether some owners’ votes were incorrectly disregarded and the meeting was called without proper authority. Act, s 279; Standard Module, ss 84, 98(1), 101, 104(b), 128(5), 129(1)(a).

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

BY-LAWS – whether the body corporate properly exercised its rights or powers, or performed its duties, as provided for in a scheme exclusive use by-law. JURISDICTION – whether there is a dispute to be resolved under Chapter 6 about a claimed contravention of the Act or the scheme’s community management statement or the exercise of rights or powers or performed duties under the Act or the CMS. Act, ss 173, 276; Commercial Module, s 139

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

Whether body corporate was entitled to withhold owner’s share of compensation proceeds. Act, ss 270(1)(c), 280(1); Acquisition of Land Act 1967 Qld, s18(10)(b)

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.

INTERIM ORDER – Application for interim order– whether warranted in the circumstances\_.\_ SDW2 Pty Ltd v JLF Corporation Pty Ltd [[2017] QSC 001](/cgi-bin/LawCite?cit=%5b2017%5d%20QSC%20001 "View LawCiteRecord") ABC v O’Neill [[2006] HCA 46](/cgi-bin/viewdoc/au/cases/cth/HCA/2006/46.html "View Case") Act, ss 276, 279.

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

GENERAL MEETING MOTION – where the body corporate considered a motion to remove a by-law - where the motion failed to achieve a resolution without dissent - whether dissenting votes were unreasonable in the circumstances - whether the motion should be deemed passed – whether consequential orders should be made. Act, s 276(1), Schedule 5, Item 10

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

EMERGENCY EXPENDITURE – whether the circumstances give rise to a genuine emergency. Act, s 243A; Standard Module, s 172(1)(c)

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; Standard Module s 162(1)(c).

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

COMPENSATION – where the committee initially offered to reimburse owners for their costs of engaging a contractor to remove roof top air conditioners prior to roofing membrane works – where the body corporate subsequently resolved that its own contractor would remove the air conditioners – whether the applicant is entitled to compensation - COSTS - whether the applicant should be reimbursed for her application fees – whether costs should be awarded against the applicant. Act, ss 280, 281

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

INTERIM ORDER – Application for interim order– whether warranted in the circumstances\_.\_ SDW2 Pty Ltd v JLF Corporation Pty Ltd [[2017] QSC 001](/cgi-bin/LawCite?cit=%5b2017%5d%20QSC%20001 "View LawCiteRecord") ABC v O’Neill [[2006] HCA 46](/cgi-bin/viewdoc/au/cases/cth/HCA/2006/46.html "View Case") Act, ss 276, 279.

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

COMMON PROPERTY – whether the body corporate has complied with its statutory duty with respect to common property; whether work is maintenance or an improvement. COMMITTEE – whether the committee acted reasonably making a decision. BODY CORPORATE - whether the body corporate acted reasonably. Act, ss 94, 100, 152; Accommodation Module, ss 170

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

INSURANCE UNDER BUILDING FORMAT PLAN Obligation to insure Act, s 280(2) Small Scheme Module, ss 117, 125

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

INTERIM ORDER – BALANCE OF CONVENIENCE – COMMITTEE VACANCY – COMMITTEE ELECTION – where 5 of 7 committee members resigned – where remaining members were less than a quorum and EGM is required to fill vacancies – where remaining committee appointed one of the remaining members as chairperson and called EGM to fill vacancies – where EGM does not propose to fill position of chairperson – whether to make interim order to stop EGM proceeding – where balance of convenience lies. Act, s 279; Standard Module, ss 48, 51

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

INSTALLATION OF PHOTOVOLTAIC CELLS BY LOT OWNER APPEARANCE BY-LAW – WHETHER BODY CORPORATE APPROVAL REQUIRED OBLIGATION OF BODY CORPORATE TO ACT REASONABLY s. 246S Building Act 1975 s.94 Body Corporate and Community Management Act 1997

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

BY-LAW CONTRAVENTION Act, ss 182 to 188

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

COMMON PROPERTY – whether a structure built on common property is an improvement; whether the structure is an improvement to common property by a lot owner; whether the improvement to common property has the effect of granting use of part of common property exclusively to a lot owner for an indefinite period. DISPUTE – whether the outcome sought by the application is relevant or required. Act, ss 94, 170, 171, 270; Standard Module, s 187

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

ADMINISTRATOR – whether an administrator should be appointed to call and conduct the 2021-22 AGM; what matters should be considered at the AGM. Act, ss 276(4), 301; Standard Module, ss 7(1), 9(4), 13(1), 41(1). 43, 82, 83, 86(1)(a), 91, 93(3)(a).

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.

IMPROVEMENT TO A LOT – where a lot owner installed a roofing structure on a balcony – whether body corporate approval was required – whether approval was unreasonably refused – whether the structure should be removed. Act, s 94; Specified Two-Lot Schemes Module, ss 5, 6

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

MAINTENANCE OF EXCLUSIVE USE AREA – whether an owner must remove improvements within his exclusive use area so the body corporate can install a new waterproof membrane and investigate/repair utility infrastructure that was implicated in water ingress to multiple lots; whether the owner must pay for repairs to the slab and utility infrastructure, where he may be responsible for damaging them. Act, ss 163, 166, 167, 177(1), 281; Standard Module, ss 166, 192(3).

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.

ANNUAL GENERAL MEETING PROCEDURES – whether an order should be made extending the timeframe to call and hold the annual general meeting.

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

RECORDS – whether a request for body corporate records should be granted. Act, s205(2).

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

MAINTENANCE – in building format plan – whether body corporate has failed to meet their obligations- obligation of body corporate to maintain common property Act ss 152, 227, 228, 276, 281; Standard Module, s 180. Seiwa Pty Ltd v The Owners Strata Plan 35042 [[2006] NSWSC 1157)](/cgi-bin/viewdoc/au/cases/nsw/NSWSC/2006/1157.html "View Case") Ridis v The Owners Strata Plan 10308 [[2005] NSWCA 246](/cgi-bin/viewdoc/au/cases/nsw/NSWCA/2005/246.html "View Case") MAGOG Pty Ltd v Body Corporate for the Moroccan [[2010] QDC 70](/cgi-bin/viewdoc/au/cases/qld/QDC/2010/70.html "View Case") Costa D’ora Apartments [[2006] QBCCMCmr 628](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2006/628.html "View Case") (27 November 2006) Klinger & Anor v Body Corporate for Costa D’Ora [[2007] QDC 300.](/cgi-bin/viewdoc/au/cases/qld/QDC/2007/300.html "View Case")

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

ANIMAL BY-LAW – whether the body corporate did not act reasonably when refusing permission for a second dog in a lot - whether approval should be given. Act, ss 94(2), 100(5)

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