Decisions table

ELECTRICITY SUPPLY – where the body corporate disconnected the applicant’s electricity pending a $3,000 bond and compliance with rules – whether the disconnection is within the power of the committee. Act, ss 94, 97

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.

CHANGE OF FINANCIAL YEAR – application to change the financial year end date of the Body Corporate Act, s 283

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

BODY CORPORATE – whether the body corporate acted reasonably; whether the body corporate had a duty to maintain a door and its associated fittings in good condition; whether the body corporate had maintained a door and its associated fittings in good condition. Act, ss 94, 152; Accommodation Module, s 170

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.

BODY CORPORATE – whether the body corporate has the power to decide whether an occupier can place a doormat on common property. OBLIGATION OF BODY CORPORATE TO ACT REASONABLY Act, ss 35, 94(2), 100(5).

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

BODY CORPORATE – whether the body corporate has the power to decide whether an occupier can place a doormat on common property. OBLIGATION OF BODY CORPORATE TO ACT REASONABLY Act, ss 35, 94(2), 100(5).

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 attempting to recover the cost of cleaning the façade of the building + legal costs from the applicants pending final orders; where the applicants deny that they dirtied the façade and there are questions about the body corporate’s power to recover the amount. Act, ss 36(1), 229, 229A, 279(1), 281.

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

Maintence – liability for repairs to fence dividing common property from a lot- Neighbourhood Disputes Resolution Act 2011 and subsection, 311(3) Body Corporate and Community Management Act 1997.

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

IMPROVEMENT – where the applicant has sought permission to install screens doors – whether this is an improvement to the lot or common property – whether the body corporate committee acted unreasonably in refusing approval. Act, ss 94(2) and 100(5)

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

BY-LAWS – whether a dog is being kept at the scheme in contravention of the by-laws and ought to be removed. Act, s 59.

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

BY-LAW - whether body corporate by-law oppressive or unreasonable – whether unreasonable to prohibit pets from lifts in a high rise building & require that they be transported via a fire escape Act, ss 100(5), 169, 269(3), 276(1).

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

ANNUAL GENERAL MEETING – whether to extend the time for holding an annual general meeting. Act, ss 104, 227(2); Standard Module, s 83.

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

Correction of Error in Community Management Statement. Act, ss 62, 276 Marrakesh [[2019] QBCCMCmr 58](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2019/58.html "View Case")

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 grant an extension of time for the annual general meeting to be held Standard Module s 83;

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

GENERAL MEETING MOTION – where the body corporate considered motions about the retention or closure of a car wash bay on common property – whether the motions should have been considered as a motion with alternatives – whether the closure of the car wash bay breaches the development approval for the scheme. Accommodation Module 2008, s 70

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

BY-LAWS – whether the body corporate has acted to enforce its by-laws; whether the body corporate has enforced its by-laws in the way provided under the Act; whether the respondents have contravened a by-law; whether the body corporate has acted reasonably enforcing its by-laws. Act, ss 94, 100, 182.

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

BY-LAWS – whether a screen erected with the permission of the body corporate on an area of common property used for manoeuvring vehicles is creating an obstruction contrary to the by-laws; whether the body corporate must enforce the relevant by-law against the owners who installed the screen; whether the resolution approving the screen should be enforced or is invalid; whether the screen should be removed; whether the respondent should reimburse the applicant’s conciliation and adjudication application fees. Act, ss 94(1)(b), 101(2), 182, 280; Small Schemes Module, ss 17(1)(d), 46(1)(a)(i), 55.

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

COMMITTEE APPOINTMENTS – where a general meeting purported to appoint joint chairpersons – where a candidate was purportedly appointed as chairperson and ordinary member – whether the appointments were valid – whether the committee is valid. Accommodation Module, ss 27, 28

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

GENERAL MEETING MOTIONS – whether committee explanatory material improperly affected the outcome of voting on a motion submitted by the applicant – whether two other motions submitted by the applicant were incorrectly ruled out order – whether the motions should be reconsidered by the body corporate – whether there are issues with the body corporate’s expenditure on building investigations and work. Act, s 94(2); Accommodation Module 2020, ss 80, 88, 162

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

whether a body corporate should be ordered to supply access cards to the applicant so the employees of his tenant may park on common property – whether there are serious questions of law and a triable case exists – Act, ss 269(3)(a)-(c), 276 Land Title Act ss 54A(1) and 54A(3)

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

GENERAL MEETING – whether a motion on the meeting agenda is void; whether it is just and equitable in the circumstances to void a resolution passed by the body corporate because of a contravention of the Act. Act, ss 94, 95, 100, 152; Commercial Module s 127 (before 1 March 2021 2008 Commercial Module, s 115).

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

VOTING – where count of votes on motion did not include vote purportedly sent by post by applicant – where body corporate says voting paper was never received – where vote tied and therefore motion failed to pass – whether vote validly cast – whether to declare motion passed Standard Module, ss 105, 221

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

BY-LAWS – APPROVAL – where lot owner’s installation failed to gain approval at AGM or by adjudication – where owner submitted another AGM motion and won approval – where body corporate simultaneously seeks order for removal of installation based on earlier refusal – whether to order installation be removed. Act, s 276(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. Act, s 279

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

INTERIM ORDER – where previous adjudication declared motion to extend caretaker’s agreement was passed – where body corporate then called an EGM to propose a motion to rescind the earlier motion – whether body corporate obliged to implement the earlier motion – whether later motion is misleading or unreasonable – whether to grant interim order Act, ss 99, 100(5), 101

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

BY-LAW CONTRAVENTION Act, ss 182 to 188, s188

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

BY-LAW CONTRAVENTION Act, ss 182 to 188, s188

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 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. Standard Module, ss 184, 187

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.

GENERAL MEETING MOTION – whether a motion proposed to record a new community management to change an exclusive use by-law – where the motion failed to achieve a resolution without dissent – were the dissenting voters now support the motion – whether the motion 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 OF COMMON PROPERTY – where common property subject to a drainage easement was no longer draining as intended; whether the body corporate was responsible for correcting the levels of the area; whether the body corporate should reimburse the applicants their costs incurred correcting the drainage of common property and repairing the water-damage to their property. Standard Module, ss 180(1), 211(3).

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.

NUISANCE – whether the respondent has caused a nuisance BY-LAWS – whether an order should be made to prevent future contraventions of the by-laws. Act, s 167, 184.

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

POWER TO ENTER LOTS – whether the body corporate may enter a lot and affix a mast climber to it to facilitate work to other lots. Act, ss 94(2), 100(5), 163.

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

POWER TO ENTER LOTS – whether the body corporate may enter a lot and affix a mast climber to it to facilitate work to other lots. Act, s 163; Standard Module, s 180.

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

POWER TO ENTER LOTS – whether the body corporate may enter a lot and install a mast climber to facilitate work to other lots. Act, ss 94(2), 163.

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

BY-LAW CONTRAVENTION Act, ss 182 to 188, s188

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.

BY-LAWS – whether a by-law applies in the circumstances; whether the Body Corporate has power to enforce particular by-laws. MAINTENANCE – OBLIGATION TO MAINTAIN ACCESS TO LOT – whether body corporate entitled to access to lot to perform maintenance - BCCMA, s 163. REASONABLENESS - BCCMA, s 94. STATUTORY EASEMENTS FOR UTILITY INFRASTRUCTURE- s 115O Land Title Act

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

BY-LAWS – whether the body corporate must enforce a flooring by-law that is no longer in effect; whether the committee resolution to retrospectively approve the floor was invalid. COMMITTEE PROCEDURES – whether the committee is making decisions as required by the Accommodation Module. Act, ss 94(1)(b), 100(5), 270(1)(c), (3) & (4); Accommodation Module, ss 60(3), 61(1)(a).

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.

Whether body corporate should be ordered to lodge new community management statement with different contribution schedule lot entitlements. Act, ss 227, 276

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

MATERIAL CHANGE OF USE – where the applicant seeks body corporate consent to apply for approval to change the use of its lot – where the applicant does not agree with the body corporate’s conditions for giving consent – whether the body corporate failed to act reasonably. Act, s 94

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

APPLICATION FEES – where applicant sought order for body corporate to undertake maintenance to sewer pipe affecting applicant’s lot – where respondent had previously declined to participate in conciliation – where respondent undertook repair works after adjudication application lodged – where applicant proceeded to seek only orders for payment of application fees – whether to make order against respondent for payment of application fees when substantive dispute no longer exists. Act, s 280

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

MAINTENANCE – where air conditioning cooling tower requires replacement – where cooling tower is common property – where cooling tower now services only applicant’s lot – where body corporate resolved to decommission the cooling tower unless applicant agreed to meet replacement and ongoing costs – where applicant declined to meet costs – where body corporate decommissioned cooling tower – where applicant argues body corporate must maintain and if necessary replace cooling tower INTERIM ORDER – where prospects of success at final determination stage are low – where balance of convenience not clearly favouring applicant – where urgency caused by applicant’s delay in bringing application – whether to make interim order to have tower turned back on Act, s 94(1), 94(2), 279 Standard Module, s 184(1), 186(1)

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

Winchcombe Place [[2021] QBCCMCmr 432](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2021/432.html "View Case") Lex and Wendy McQueen (applicant) The Body Corporate for Wichcombe Place (1st respondent) Ms. Kathryn Draper (2nd respondent) All owners (affected persons) Winchcombe Place CTS 15441 Body Corporate and Community Management Act 1997 (Qld) (Act), sections 227and 229(3)(a) Body Corporate and Community Management (Standard Module) Regulation 2020 (Standard Module) 1041-2021 14 September 2021 R Miskinis, Adjudicator INTERIM ORDER - Application for interim order- whether warranted in 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. Standard Module, ss 164, 184

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

NUISANCE – whether the respondents are causing a nuisance or an unreasonable interference by using a security camera on their lot – whether the camera should be removed – COSTS – whether the applicant should be reimbursed for her application fees. Act, ss 167, 270, 280, 297, 298

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

Distribution of compensation proceeds, whether in accordance with Acquisition of Land Act 1967 (Qld). Acquisition of Land Act 1967 (Qld), ss12, 18; Standard Module, ss52(1)(d), 162(2).

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

BODY CORPORATE – whether the body corporate has acted reasonably. Act, s 94.

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