Decisions table

ASSOCIATE – whether a candidate for election was an associate of a service contractor or letting agent; whether the body corporate elected an ineligible person to be a voting member of the committee. Act, ss 99, 309; Accommodation Module, s 11.

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.

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.

ADMINISTRATOR – whether appropriate to appoint an administrator, Act ss 278, 301 RECORDS – whether the body corporate has failed to comply with its obligation to provide access to records. Act s 205 MAINTENANCE OBLIGATIONS OF BODY CORPORATE - Standard Module s180 Surfers Palms North [[2007] QBCCMCmr 275](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2007/275.html "View Case") Surace v Commisso [2009] CCT KA002-09 Alessandra Place [[2011] QBCCMCmr 137](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2011/137.html "View Case")

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 – 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.

NOTICE OF GENERAL MEETING – whether circumstances exist that warrant shortening the statutory time that notice of a general meeting must be given to owners. Act, ss 227, 229, 276; Accommodation Module, s 81

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

POWER OF ADJUDICATOR TO MAKE ORDERS- Section 276 Body Corporate and Community Management Act 1997 WHEN ANNUAL GENERAL MEETING MUST BE CALLED –section 83 \_Body Corporate and Community Management (\_Standard Module) Regulation 2020

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

EMERGENCY – where plumbing failure causing property damage – where quotation is above the limit for committee spending – whether to order that committee spending is authorised. Act, s 243A; Standard Module, s 172(1)

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 respondent has contravened a by-law; whether the body corporate has acted reasonably enforcing its by-laws. IMPROVEMENT – whether the respondent has made an improvement to common property for the benefit of the respondent’s lot. Act, ss 94, 100, 182; Standard Module, s 187.

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

APPLICATION FOR INTERIM ORDERS – whether an interim order should be made to prevent the body corporate from erecting a mast climber within the applicant’s lot until it can be determined whether it is reasonably necessary and therefore a valid exercise of the body corporate’s power of entry. Act, ss 94(2), 163, 279(1).

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

GENERAL MEETING MOTIONS – where the applicant disputes the decision of the body corporate not to pass certain motions and to pass other motions – whether the outcome of those motions should be reversed – whether the applicant disputes the decision of the chairperson to rule motions out of order – whether a new meeting should be called to consider those motions – COSTS – whether the application should be dismissed as frivolous, vexatious, misconceived or without substance – whether costs should be awarded to the respondent. Act, ss 94, 270

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

MAINTENANCE UNDER BUILDING FORMAT PLAN – whether an owner with a leaking shower recess is obliged to repair it in the specific way preferred by the body corporate’s insurer. Act, s 281; Small Scheme Module, s 130(2).

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

INTERIM ORDER – GENERAL MEETING – QUORUM – MOTION – RESOLUTION TYPE – where general meeting did not form a quorum by 30 minutes – where quorum formed later and meeting proceeded – whether meeting is invalid for not being adjourned after 30 minutes without a quorum – where applicant alleges lift works were an improvement that required a special resolution – where lift motion described as requiring an ordinary resolution – where motion passed with sufficient votes for a special resolution – whether to make interim order that resolutions not be acted upon until final determination. Act, s 279; Accommodation Module, ss 78, 90

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

Whether committee acted reasonably in refusing approval for pet dog “Pepper” to live in the scheme; whether body corporate should be required to permit Pepper to live in the scheme. Act, s 100(5)

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

GENERAL MEETING PROCEDURES – where the votes from 3 lots were excluded at the annual general meeting - whether the owners were financial – whether the votes could otherwise be excluded – whether there were defects in the conduct of the meeting - whether a motion which relied on the excluded votes should pass. Act, ss 113-115; Accommodation Module, ss 76, 91, 92, 99, 102

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

ELECTRICITY SUPPLY – where the body corporate has disconnected the applicant’s electricity pending a $3,000 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.

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 Standard Module, s 83

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

COMMITTEE DECISION –– whether the committee acted reasonably - whether the committee should have issued by-law contravention notices in relation to the location of a water tank on the respondent’s lot whether the committee placed too much weight on irrelevant considerations and not on relevant issues. Act, ss 94(1), 94(2), 100(1), 100(5), 252E(5); 270 Accommodation Module 2020;

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

GENERAL MEETING – REASONABLENESS – where body corporate in general meeting defeated motion for approval for lot owner to keep a dog – whether body corporate acted unreasonably – whether to deem the motion passed Act, s 94(2)

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

Levy by body corporate for contributions- "offset" of levies owing by the second and third respondents to first respondent by payment of debt owing by the body corporate to a third party Re York Street Mezzanine Pty. Ltd. (in liq) (2007) 162 FCR 458 Equuscorp Pty. Ltd. V Glengallan Investments P/L. [[2004] HCA 55](/cgi-bin/viewdoc/au/cases/cth/HCA/2004/55.html "View Case"); (2004) 218 CLR 471 R v Inland Revenue Commissioners ex parte Rossminster [[1979] UKHL 5](http://www.bailii.org/uk/cases/UKHL/1979/5.html "View Case"); [[1980] AC 952](/cgi-bin/LawCite?cit=%5b1980%5d%20AC%20952 "View LawCiteRecord") Magman International P/L v Westpac Banking [[1991] FCA 41](/cgi-bin/viewdoc/au/cases/cth/FCA/1991/636.html "View Case"); (1991) 32 FCR 1 BUGT Act ss 32, 37, 38, 38A, 38B 73, 76, 77, 78.

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 was held more than three months after the end of financial year – whether to grant permission for the annual general meeting to be held late – whether to declare the annual general meeting was not invalid for being held late Standard Module, s 83

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

Whether opposition by lot owners to motion proposing grant of exclusive use of common property air space, requiring resolution without dissent, was unreasonable. Act, Schedule 5, Item 10

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

COMMITTEE RESOLUTION – where the committee passed three resolutions approving the installation of a CCTV system and subsequent components – whether the committee had the power to do so – COSTS – whether costs should be awarded. Act, ss 242, 280; Standard Module 2020, ss 52, 66, 172

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

GENERAL MEETING – whether a motion on the agenda of a general meeting is invalid. Act, s 104

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. Accommodation Module, ss 102, 142

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

GENERAL MEETING – whether a motion on the agenda of a general meeting is invalid. Act, s 104

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

BY-LAWS – whether by-laws breached –obligation of body corporate committee to act reasonably. Act, ss 94, 95, 227, 228, Aztec on Joyce [[2012] QBCCMCmr 490](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2012/490.html "View Case") Ilanah Aqua [[2015] QBCCMCmr 335](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2015/335.html "View Case")

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, s 104; Standard Module, ss 82(1), 83, 162(2).

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

Responsibility for damage to air-conditioning compressor servicing one lot. Act, s 281; 2008 Commercial Module, s 115

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

COMMITTEE DECISION –– whether the committee acted reasonably - whether the committee should have issued by-law contravention notices in relation to the relocation of a privacy screen on the respondent’s lot - whether the committee placed too much weight on irrelevant considerations and not on relevant issues. Act, ss 94(1), 94(2), 100(1), 100(5), 252E(5); 270 Accommodation Module 2020;

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

DECLARATORY ORDER – ANNUAL GENERAL MEETING – where annual general meeting to be held more than three months after end of financial year – whether to approve annual general meeting being held late – whether to declare that annual general meeting will be not be invalid for being held late Standard Module, s 83

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

IMPROVEMENT TO COMMON PROPERTY – where the respondents have installed a shade sail on the exterior of their lot – where the respondents did not have body corporate approval – whether the shade sail must be removed. Accommodation Module 2020, ss 177, 183

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

FINANCIAL YEAR – whether to change the end date of 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.

whether a motion proposing the engagement of a person as a body corporate manager complied with the legislation; whether it is just and equitable in the circumstances to dismiss a request to invalidate such a motion because of a contravention of the Act; whether the outcome sought is no longer relevant or required Act, ss 122, 276

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.

POWER OF ADJUDICATOR TO MAKE ORDERS- Section 276 Body Corporate and Community Management Act 1997 WHEN ANNUAL GENERAL MEETING MUST BE CALLED –section 83 \_Body Corporate and Community Management (\_Standard Module) Regulation 2020

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

MOTIONS – REASONABLENESS – COMMON PROPERTY – SERVICE CONTRACTOR – where body corporate passed motions to remove plants from common property and engage external gardener – where applicant lot owner says the motions are based on misinformation about her permission to put in the plants and their effect on other common property structures – where applicant says she is willing to do the gardening for free and the extra expense is not justified – where the applicant says the extra expenditure will exceed the amount budgeted for gardening – where the applicant says the agreement with the gardener is non-compliant – whether motions invalid and the resolutions ought to be declared void. Act, ss 94(2), 152, 167; Standard Module ss 135, 137, 160

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.

PROPERTY DAMAGE – whether the body corporate must reimburse the applicant for damage allegedly caused to his bathroom by agents of the body corporate when investigating a leak. WATER BILL – whether the body corporate must reimburse the applicant for a water bill paid while he had the water to his lot turned off at the request of the body corporate. Act, ss 196, 281.

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.

RECORDS – whether the body corporate failed to provide body corporate records – whether the records must be supplied. Act, s 205

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

GENERAL MEETING MOTION – where the body corporate considered two motions to alter grants of exclusive use for two lots - where the motions failed to achieve a resolution without dissent - where a dissenting voter changed their position - whether other dissenting votes were unreasonable in the circumstances - whether the motions 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 UNDER A BUILDING FORMAT PLAN – whether a general meeting motion to inject resin beneath footings to address subsidence should be deemed to have passed. Small Schemes Module, ss 99, 130(2); Land Title Act 1994, s 48C.

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

BY-LAWS – Where owner has claimed exclusive use of two parking spaces on common property – obligation of body corporate to enforce by-laws – whether the body corporate has acted reasonably. Act, ss 94, 100, 182 and 185.

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

INTERIM ORDER – whether to make interim order. Act, s 279

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

OBLIGATION OF BODY CORPORATE TO MAINTAIN COMMON PROPERTY MAINTENANCE / IMPROVEMENTS – whether works on common property constitute “improvements” or “maintenance” – where the applicant is concerned about the replacement of screening/balustrading outside his unit – whether the body corporate acted reasonably –Act, ss 94(1) & (2), 100(5), 269(3), 270(1)(c), 276(1), 279(1).Sections 152, 159 Body Corporate and Community Management Act Sections 170 Body Corporate and Community Management (Accommodation Module) Regulation 2020 Palm Springs Residences v J Patterson Holdings Pty Ltd [2008] QDC Finger v Dickie [[2015] QCATA 113](/cgi-bin/viewdoc/au/cases/qld/QCATA/2015/113.html "View Case") Body Corporate for Beaches Surfers Paradise v Backshall [2016] QCATA

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

POWER OF ADJUDICATOR TO MAKE ORDERS- Section 276 Body Corporate and Community Management Act 1997 WHEN ANNUAL GENERAL MEETING MUST BE CALLED –section 73 \_Body Corporate and Community Management (\_Accommodation Module) Regulation 2020

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

COMMON PROPERTY – MAINTENANCE – DUTY OF CARE – where common property comprises bushland – where applicant says body corporate must have a bushfire safety maintenance plan – where applicant says body corporate owes a duty of care – where AGM did not include a BSMP motion – whether obligation to administer, manage and control common property includes an obligation to have a BSMP – whether unreasonable not to have a BSMP. Act, ss 94, 159; Standard Module, s 180

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