Decisions table

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.

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.

MAINTENANCE UNDER BUILDING FORMAT PLAN; PROPERTY DAMAGE – whether the body corporate was responsible for the maintenance of a pipe that leaked and damaged a lot; whether the body corporate should reimburse the applicant’s plumbing fees; whether the excess payable under the body corporate’s policy of insurance imposes an unreasonable burden upon the applicant; whether the body corporate should pay the excess. Act, s 20; Standard Module, ss 180(1), 203, 211(5); Land Title Act 1994, s 48C.

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

COMMITTEE – REASONABLENESS – where occupier’s proposed co-occupier has support dog for mental health – where occupier was refused permission by committee to keep the dog – where another occupier has clinical phobia of dogs – whether committee’s decision was unreasonable – whether to order that the applicant be allowed to keep the dog Act, s 100(5)

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

COMMITTEE RESOLUTION – whether the committee acted unreasonably when refusing to permit at a dog at the scheme. Act, s 100(5).

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

Permission to hold AGM outside of legislative time frame\_.\_ Accommodation Module, s 64

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.

INTERIM ORDER – where body corporate resolved to change body corporate managers – where interim order sought to stop committee acting on resolution to issue notice requiring handover of body corporate records – whether basis for interim order. Act, s 279

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.

GENERAL MEETING MOTION – where a motion proposed to record a new community management statement to grant the applicant an area of common property - where the motion 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.

REASONABLENESS – where lot owner applied for permission to keep a dog, without having yet chosen the particular dog – where committee and then Body Corporate declined to allow the applications – whether Body Corporate or committee acted unreasonably. Act, ss 94(2), 100(5)

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

Maintenance – whether body corporate has failed to maintain common property and body corporate assets in good condition; whether body corporate has failed to act reasonably or for the benefit of owners. Act, ss 20, 94, 152; Standard Module, ss 159, 165, 166, 170; new Standard Module ss 180, 187, 188, 189, 211

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.

GENERAL MEETING MOTION – where the body corporate passed a motion to enter into new caretaking agreements – whether the committee should have distributed legal advice regarding the agreements. Accommodation Module 2020, s 80; Accommodation Module 2008, s 71

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

RECORDS – whether the body corporate has failed to provide the applicant with access to body corporate records – GENERAL MEETING PROCEDURES – whether a general meeting should be invalidated. Act, ss 94(2), 205 Standard Module 2008, ss 67, 76, 204, 205 Standard Module 2020, ss 82, 93, 232, 233

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 PROPERTY – where the applicant claims that the body corporate has resolved to engage a new body corporate manager – where that is disputed – whether the committee should be required to issue a notice to the current body corporate manager to hand over the records to the alleged new body corporate manager. Accommodation Module (2008), ss 54, 65, 66, 67, 74, 84 Accommodation Module (2020), ss 60, 74, 83, 76, 83, 95

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, ss 36, 43, 100, 101, 115, 129.

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 held late – whether to declare that annual general meeting not invalid Standard Module s 66

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

BY-LAWS – whether the respondent is parking a boat on the driveway of a lot, in contravention of the by-laws. Act, ss 94, 182-188

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

IMPROVEMENTS TO COMMON PROPERTY – where the respondent has installed a storage shed in the basement car park area – whether the installation was contrary to the legislation and the by-laws - whether the respondent should be required to remove the storage shed or replace it with one that complies with the by-laws. Accommodation Module, ss 162, 172

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

FINANCIAL YEAR – whether an order should be made to change 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.

POWER OF ADJUDICATOR TO MAKE ORDERS- Section 276 Body Corporate and Community Management Act 1997 WHEN ANNUAL GENERAL MEETING MUST BE CALLED –section 64 Body Corporate and Community Management (Accommodation Module) Regulation 2008

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

By- LAWS – whether the occupiers & invitees have breached by-laws regarding noise, nuisance. By- LAW 26-whether the respondent has taken all reasonable steps to ensure that invitees comply with the by-laws NUISANCE – whether the respondent has caused a nuisance or interfered unreasonably with the use of lots and common property by others. STANDARD OF PROOF- Briginshaw v Briginshaw [[1938] HCA 34](/cgi-bin/viewdoc/au/cases/cth/HCA/1938/34.html "View Case"); (1938) 60 CLR 336 Act, ss 94, 100, 167, 169, 182-188

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

BY-LAWS, IMPROVEMENT TO LOT – whether an owner requires body corporate permission to install a balustrade within her lot; whether permission was unreasonably withheld; whether the body corporate should reimburse the owner’s conciliation and adjudication application fees. Act, ss 100(5), 280.

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

GENERAL MEETING – validity of resolution purportedly carried at a general meeting – whether amendment to by-law is valid ss 169, 180 Act REASONABLENESS - Section 94(2) Act - requirement of body corporate to act reasonably ss 94, 100, 169 Act.

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

GENERAL MEETING PROCEDURES – whether the body corporate should be authorised to hold its annual general meeting outside the legislative time limit. Accommodation Module, s 64

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

Change of body corporate’s financial year. Act, ss 276, 283

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 227, 228, 276, 283, 284(1), Schedule 5.

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.

BY-LAWS – whether the body corporate has acted to enforce a by-law; whether the body corporate has enforced the by-law in the way provided under the Act. BODY CORPORATE – whether the body corporate has power to control the installation of a shed on common property; whether the body corporate has acted reasonably. Act, ss 94, 95, 100, 182.

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

GENERAL MEETING – motions and resolutions – electronic voting REQUIREMENTS FOR VOTING PAPER APPOINTMENT OF BODY CORPORATE MANAGER- when secret ballot required MOTION WITH ALTERNATIVES – whether 2 motions deal with the same issue Accommodation Module, ss 69, 70, 86 Justice Legislation (COVID-19 Emergency Response – Community Titles Schemes and other Matters) Regulation 2020.

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

BY-LAW – whether the body corporate has enforced a by-law in the way provided in the Act. COMMUNITY MANAGEMENT STATEMENT – whether the body corporate consented to the scheme’s CMS in accordance with the Act; whether the CMS is enforceable. Act, ss 59, 62, 94, 182; Land Title Act 1994, s 115L

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

COMMON PROPERTY – MAINTENANCE – REASONABLENESS – whether common property requires maintenance for its appearance – whether unreasonable for body corporate not to keep common property lighting on all night – whether to make order that body corporate comply with legislation for hypothetical future events concerning spending decisions Act, ss 94, 100, 276(1); Standard Module, s 159

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

GENERAL MEETING PROCEDURES – whether the body corporate should be authorised to hold its annual general meeting outside the legislative time limit. Accommodation Module, s 64.

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

IMPROVEMENTS – where a lot owner is undertaking renovations to a lot which include improvements to an exclusive use area of common property – where the body corporate purported to approve the works subject to conditions – whether the approval and conditions were valid – whether the lot owner must comply with the conditions. Act, ss 94(2), 100(5); Accommodation Module, s 172

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

GENERAL MEETING MOTION – where the body corporate did not pass a motion to consent to an application for a material change of use of the lot – whether the body corporate failed to act reasonably. Act, s 94(2)

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Whether body corporate acted unreasonably in failing to carry motion; whether opposition by lot owner to motions requiring resolutions without dissent was unreasonable. Act, ss 62, 94(2), 276, Schedule 5, Items 10 & 24

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ANNUAL GENERAL MEETING – whether the body corporate may hold its AGM later than permitted by the Accommodation Module. Act, ss 15, 104, 276(1); Accommodation Module, s 63(1), 64, 74(3)(a), 112(2)(a)

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.

IMPROVEMENTS TO COMMON PROPERTY – whether the body corporate acted unreasonably when deciding to require owners to remove their air conditioning condensers from the fire skirts of the building; whether it failed to adequately consider the financial impact upon owners; whether the general meeting resolution ought to be overturned. Act, ss 94(1)(a)&(2), 242; Standard Module, ss 69(1)(b), 72(1), 95, 164; Land Title Act 1994, s 115O.

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 RESOLUTION – whether opposition to a motion to borrow funds for maintenance and scheme works requiring a resolution without dissent was unreasonable – whether the motion should be deemed passed. Act, ss 94(2), 96(2)(b), 100(5), 159(1), 246, 269(3)(a)-(c), 276(1), Items 10, 24 Schedule 5; Standard Module, ss 147(3)(c), 150(2), 159(1); Accommodation Module, s148(2); Commercial Module, 109(2); Small Schemes Module 84(2).

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

GENERAL MEETING – motions and resolutions regarding maintenance of premises - whether a resolution is valid MOTION WITH ALTERNATIVES – whether 2 or more motions propose alternative ways of dealing with the same issue Klinger v Body Corporate for Costa D’Ora Apartments [](http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QDC/2007/300.html "View Case")[[2007] QDC 300](/cgi-bin/viewdoc/au/cases/qld/QDC/2007/300.html "View Case") Finger v Dickie [[2015] QCATA 113](/cgi-bin/viewdoc/au/cases/qld/QCATA/2015/113.html "View Case") Act ss 152, 247, 276 Standard Module, ss 72, 152, 159

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

GENERAL MEETING – whether a voter properly cast a vote; whether two or more motions proposed alternative ways of dealing with the same issue; whether part of a motion is void; whether the body corporate had power to make a decision; whether a motion was properly included on the agenda; whether a resolution passed on a motion could be enforced; whether the body corporate acted reasonably. COMMITTEE – whether committee put body corporate decision into effect; whether committee had power to make body corporate decision. Act, ss 94, 95, 100, 101; Standard Module, ss 42, 71, 72, 76, 86

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 64.

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.

BY-LAWS – NUISANCE – where hard flooring was installed – where it is alleged that the flooring results in noise transmission to the lot below - whether the respondents are causing a nuisance in breach of the Act and the by-laws. Act, s 167

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

GENERAL MEETING – whether a general meeting was held at least 21 days after notice of the meeting was given to owners; whether a voter correctly cast a written vote. Act, s 104; Accommodation Module, ss 72, 84

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

Permission to hold AGM outside of legislative time frame\_. Accommodation Module, s 64.\_

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