Decisions table

ADMINSTRATOR – whether an administrator should be appointed – BODY CORPORATE MANAGER – whether the body corporate manager should be dismissed. Act, ss 120, 278, 301; Standard Module, ss 74-78, 149-152, 180, 197-198

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

BY-LAWS – whether the respondents are making noise or keeping a dog in contravention of the by-laws.

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

INTERIM ORDER – whether an interim order stopping the body corporate from holding a meeting 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.

GENERAL MEETING PROCEDURE – whether a general meeting was validly held. Standard Module, s 91

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. Act, s279

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

BY-LAWS – whether the respondent has breached the by-laws by affixing items to a common property wall. Act, ss 167, 184-188; Accommodation Module, s 177.

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

MAINTENANCE – whether the body corporate must correct subsidence in an exclusive use area caused by insufficient backfilling during construction and subsequent settlement; whether a resolution to fill a void on common property beneath a lot is invalid. Act, ss 177(1), 280; Standard Module, ss 173, 192(2).

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

GENERAL MEETING MOTION – whether a motion to raise a special levy was valid. Standard Module, ss 160, 162

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

GENERAL MEETING MOTION; INSURANCE; CONTRIBUTIONS – where an invoice to renew the body corporate’s building reinstatement insurance consisted of a premium and various administrative fees; where the body corporate resolved to raise the entire amount of the invoice by levying owners according to their interest schedule lot entitlements; whether the resolution should be amended to only raise the premium in that manner. Accommodation Module, ss 152(5), 188, 191(1)(a).

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.

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; IMPROVEMENT TO LOT – whether three lots were modified in contravention of the by-laws; whether the body corporate should enforce the by-laws. COMMITTEE ELIGIBILITY – whether two owners were ineligible to serve on the committee because their mother was the de facto partner of the caretaking service contractor. FINANCIAL MANAGEMENT – whether the body corporate is unlawfully spending: on maintenance of private lots on services that should be performed by the caretaking service contractor under its contract, or with disregard for the limits for committee and major spending; whether the body corporate should attempt to recover the expenditure. BODY CORPORATE RECORDS – whether the body corporate must obtain various records from the original owner/former caretaking service contractor. Act, ss 20, 94, 276(1), 280, 281, 309; Accommodation Module, ss 11(2)(b), 164, 170(1)-(2), 177, 200, 201(3), 202, 220, 270(3)-(4).

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

ACCESS TO BODY CORPORATE RECORDS – where the applicant has requested access to CCTV footage of an incident in the scheme carpark where their vehicle was damaged – where the applicant says the body corporate has refused to provide them with a copy of the requested footage – whether the orders sought by the applicant are warranted in the circumstances. Act, ss 94, 95, 205, 252E, 270, 280

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.

OBLIGATION OF BODY CORPORATE TO MAINTAIN COMMON PROPERTY AND ROOFING STRUCTURES FAILURE TO MAINTAIN COMMON PROPERTY - LIABILITY FOR CONSEQUENTIAL DAMAGE TO LOTS Sections 152, 159, 281 Body Corporate and Community Management Act Sections 180 186 Body Corporate and Community Management (Standard Module) Regulation Building Act 1975 & Standard By-Laws National Construction Code

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

BY-LAWS – whether the respondent is storing items in their exclusive use car space contrary to the by-laws – whether the respondent has installed a washing line on their exclusive use balcony contrary to the by-laws – whether orders about the items are warranted. Act, ss 182-186

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

COMMITTEE RESOLUTIONS – where applicant alleges committee members had a conflict of interest – whether resolutions are invalid COMMITTEE MEMBERS – where applicant alleges breach of code of conduct for committee voting members – whether any basis to remove committee members from office COSTS – whether costs order warranted Act, s100, 270; Standard Module, ss 45, 66

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

GENERAL MEETING – whether an extraordinary general meeting was validly called – whether the meeting should be declared void. Standard Module, ss 47, 87, 88, 106

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

MAINTENANCE – whether the body corporate has failed to maintain a boundary fence – COSTS – where the body corporate did not participate in conciliation – whether the body corporate should reimburse the applicant for the application fees. Act, ss 94, 280, 312; Standard Module, ss 173, 180, 186

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 MOTION – where a motion which proposed reallocating car spaces under an exclusive use by-law failed to achieve a resolution without dissent – whether the sole dissenting vote was unreasonable in the circumstances – 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 – whether the body corporate has failed to maintain common property – where the applicant claims soil subsidence below footings in a standard format plan lot is attributable to default of the body corporate UTILITY INFRASTRUCTURE – what constitutes utility infrastructure that the body corporate is obliged to maintain ONUS OF PROOF – EVIDENCE –whether evidence sufficient to satisfy adjudicator of fault or omission by the body corporate Act, ss 20, 152, 276; Standard Module, s 180

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

Where applicant body corporate seeks a declaration that it may replace the existing Schedule E and updated sketch plans to correct multiple historical errors and changes made to exclusive use car park allocations in the scheme. Act, ss 62, 276; Accommodation Module, ss 147

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

GENERAL MEETING MOTIONS / REASONABLENESS – where the applicant alleges the body corporate has acted unreasonably in deciding not to pass certain motions at a general meeting – whether the orders sought by the applicant are warranted in the circumstances. Act, ss 94, 152; Standard Module, ss 180, 181, 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. Body Corporate and Community Management Act 1997 (Qld) 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.

ACCESS TO A LOT – where the body corporate has issued an entry notice seeking access to the respondent’s lot to facilitate balustrade replacement works at the scheme – where access has been refused – whether orders for access are required. Act, s 163

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

APPLICATION FOR INTERIM ORDERS – where the applicant alleges there were irregularities in the committee election process and says the election is invalid – whether the interim orders sought by the applicant are warranted in the circumstances. Act, s 94; Accommodation Module, ss 14, 17-19, 27, 28

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

COMMITTEE MOTION – whether the applicant should be permitted to install a gate in the boundary fence. Act, s 101; Standard Module, ss 116, 187

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

COMMITTEE MOTION – CODE OF CONDUCT – where the committee did not pass a motion submitted by the applicant – whether it failed to act reasonably – whether the committee code of conduct was breached – whether the body corporate should be required to implement the motion – whether sanctions should be imposed – COSTS – whether the application is vexatious, misconceived or without substance – whether costs should be awarded. Act, ss 100, 101B, 270

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

BY-LAWS - whether the volume and nature of communications from the respondent breach the by-laws. Act, s 59

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.

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.

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.

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.

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.

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.

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.

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.

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.