Decisions table

BY-LAW – whether the applicant body corporate is entitled to enforce a by-law under the Act. COSTS – whether the body corporate is entitled to costs for making a dispute resolution application; whether there is jurisdiction to make a costs order for legal fees. Act, ss 59, 66, 159, 171, 182, 184, 280; Standard Module, s164

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

EMERGENCY – SPENDING – where common property wall tiling is falling off – where stone mason advises safety risk – where quotation for repairs exceeds the relevant limit for committee spending – whether emergency exists to authorise committee spending without ordinary resolution. Act, s 243A; Accommodation Module, s 149(1)

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

ANNUAL GENERAL MEETING – whether a declaration should be made that if the body corporate holds its AGM outside the prescribed legislative time frame, the meeting will not necessarily be invalid. Act, ss 2, 4, 276(1); Accommodation Module, s 64.

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.

DECLARATORY ORDER – ANNUAL GENERAL MEETING – where annual general meeting to be held more than three months after end of financial year – whether to declare that annual general meeting will be not be invalid for being held late Accommodation Module s 64

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

STATUTORY EASEMENT – REASONABLENESS – where lot owner proposed to install solar panels for the benefit of the lot on common property roof – whether lot owner benefits from a statutory easement over common property to supply utility services – where the installation requires an ordinary resolution – where motion defeated – where motion did not specify where on the common property associated cabling infrastructure would run – whether body corporate decision was unreasonable. Act, s 94(2); Standard Module, s 164(2)

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

COMPENSATION – where the applicant claims water ingress caused damage to his property – where the applicant claims the water ingress was due to a body corporate maintenance failure – whether the body corporate is liable for the applicant’s claimed losses. Act, s 281

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

MAINTENANCE UNDER A BUILDING FORMAT PLAN – whether a motion proposing replacement of a leaking roof was maintenance requiring an ordinary resolution or an improvement requiring a special resolution. Act, s 108; Standard Module, ss 72(3), 151(1)(a), 152, 153, 159(1), 163; Land Title Act 1994, ss 48C, 49C(4).

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. Standard Module, s 66.

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

COMMNITY MANAGEMENT STATEMENT – whether a motion to ratify by-laws previously recorded by the body corporate was valid – MINUTES – whether a motion to confirm minutes was valid – whether the minutes should be corrected – COSTS – whether costs should be awarded to the applicant. Act, s 62; Accommodation Module, ss 74, 94

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

GENERAL MEETING MOTION – where the body corporate proposed to record a new community management statement, including changing the regulation module and amending by-laws - 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.

Committee composition – whether valid; whether EGM should be called. Act, ss 100(4), 100(5); Standard Module, ss 10, 67, 84

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.

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.

ANNUAL GENERAL MEETING – whether an AGM may be held late to allow the committee more time to consider legal advice about a proposed change to the by-laws. Act, s 104; 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.

Damage to property – whether caused by contravention of Act or CMS by the body corporate - whether applicant entitled to relief - whether the body corporate has to pay the owner an amount as reimbursement for repairs to damaged property. Act, ss 152, 281; Accommodation Module, s157.

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

CHANGE OF FINANCIAL YEAR – whether an order should be made 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.

ANNUAL GENERAL MEETING – whether a declaration should be made that if the body corporate holds its AGM outside the prescribed legislative time frame, the meeting will not necessarily be invalid. Act, ss 2, 4, 276(1); Accommodation Module, s 64.

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

MAINTENANCE OF UTILITY INFRASTRUCTURE IN EXCLUSIVE USE AREA – whether the body corporate should reimburse an owner’s costs incurred unblocking a sewer pipe beneath her exclusive use area or on unallocated common property beyond, notwithstanding that she had the work done in contravention of a by-law and without body corporate approval; whether the body corporate should reimburse the owner’s conciliation and adjudication application fees because it failed to participate in conciliation without reasonable excuse. Act, ss 20, 177(1), 280; Accommodation Module, ss 157, 168.

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

INTERIM ORDER – APPLICATION FOR INTERIM ORDER–WHETHER ADJUDICATOR CAN BE SATISFIED THAT AN APPLICATION RAISES A SERIOUS LEGAL QUESTION AND THAT THE BALANCE OF CONVENIENCE BETWEEN THE PARTIES JUSTIFIES INJUNCTIVE RELIEF. DECISION MAKING BY BODY CORPORATE – OBLIGATION TO ACT REASONABLY SDW2 Pty Ltd v JLF Corporation Pty Ltd [[2017] QSC 001](/cgi-bin/LawCite?cit=%5b2017%5d%20QSC%20001 "View LawCiteRecord") Australian Broadcasting Corporation v O’Neill [[2006] HCA 46](/cgi-bin/viewdoc/au/cases/cth/HCA/2006/46.html "View Case") Act, ss 94,100, 279.

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

BODY CORPORATE – whether body corporate had power to make a decision; whether the body corporate acted reasonably, including when making the decision. Act, ss 94, 95.

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 approval for a dog on the basis of concerns about noise, odours, allergies, phobias, and the preferences of the majority of owners. Act, s 100(5).

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

APPLICATION FOR AN INTERIM ORDER – whether in the interim the body corporate should be prevented from issuing contribution notices (or recovering monies owing, or charging interest or treating an owner as unfinancial) unless otherwise authorised by a general meeting – whether the nature or urgency of the circumstances require an order to be made – whether there are serious questions of law and the balance of convenience favours the case advanced by the applicants. Act, ss 42(1)(a), 269(3)(a)-(c), 276(1), 279(1); Standard Module, ss 72, 116(1), 116(2)(a), 116(2), 118(3), 141(1), 142(1), 155(1), 155(2), 155(3)(b).

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

OBLIGATION OF BODY CORPORATE TO MAINTAIN Sections 152, 280 Body Corporate and Community Management Act. Section 159 Body Corporate and Community Management (Standard Module) Regulation. IMPROVEMENTS TO COMMON PROPERTY OBLIGATION OF BODY CORPORATE TO ACT REASONABLY Sections 94 & 100 Act

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 holding its AGM and conducting a committee election before an EGM requested by owners can consider motions to remove and replace the current committee. Act, s 279(1); Standard Module, ss 13(1), 33(2)(f), 37, 66, 67, 69(1)(b).

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

Whether body corporate acted unreasonably in deciding motions at extraordinary general meeting. Act, s 94; Standard Module, ss 69, 73, 76, 81, 173

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

Reasonableness of general meeting resolution requiring owners to remove items from basement car park subleased from another body corporate. Act, s 94(2); Commercial Module, ss 48, 62

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 Lenah Game Meats (2001) 208 CLR 199 Act, s 279;

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

GENERAL MEETING MOTIONS – whether 5 disputed resolutions should be set aside. Act, ss 94, 100; Accommodation Module, ss 51, 55

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

EMERGENCY EXPENDITURE – whether the body corporate has a duty to maintain. Act, ss 20, 243A; Standard Module, ss 151(1), 159.

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.

BODY CORPORATE DEBT – COMMITTEE – CODE OF CONDUCT FOR VOTING COMMITTEE MEMBER – where AGM chair alleged owner owed more contributions that had been levied – where lot owner declared by chair to be unfinancial – where owner’s votes not counted – meaning of body corporate debt – whether to order that motions were passed – where lot owner and owner’s nominee elected to committee at AGM – where EGM motion passed to remove lot owner and nominee from committee – whether to invalidate EGM motion – where motions called for BCM to provide information to the Body Corporate – whether motions invalid for seeking body corporate records – where owner seeks order to issue notice for breach of code of conduct for committee voting members – whether to order body corporate issue breach notice Standard Module, s 34

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.

COMMUNITY MANAGEMENT STATEMENT – where a body corporate has been deemed to have resolved to pass a motion granting exclusive use of a car park – whether a change to the scheme’s development approval is required – whether a local government notation is required. Act, s 60(6)

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 MOTIONS – whether 4 motions considered at a general meeting were valid. Act, ss 94, 270; Standard Module, ss 72, 80

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.

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. Standard Module, s 66.

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

EGM RESOLUTIONS – whether various unsuccessful EGM motions should be deemed passed; whether it was unreasonable to oppose a motion to grant exclusive use of courtyards because the dissenting owner would not benefit from them; whether the external paintwork at the scheme is not in good condition and requires repainting; whether owners should pay to remedy any defects around their lots prior to repainting; whether committee members should reimburse the body corporate for paint because they did not repaint the scheme to a professional standard; whether a resolution to install a security gate should be revoked after the gate has been installed due to various alleged defects with the authorising motion or problems with the operation of the gate; whether the body corporate should reimburse owners the cost of re-running common property water pipes in a shared wall; whether an owner could construct a balcony on common property without the authority of a resolution without dissent; whether it was unreasonable to refuse to engage a solicitor to seek reimbursement from a company that damaged the scheme roof and was engaged by the committee despite a conflict of interest. Act, ss 20, 21(1), 35(1), 62(2), 94(2), 163, 170, 177(1), 238(1)(a); Small Schemes Module, ss 45(2), 93, 95(2)(a)(i), 98, 108; Land Title Act 1994, ss 48C, 49C(4).

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.

RECORDS – whether the body corporate has failed to provide body corporate records to the applicant. Act, s 205; Accommodation Module, ss 201, 202, 203

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; Commercial Module, s 33.

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

GENERAL MEETING – whether the chairperson had power to rule a motion out of order; whether a resolution passed at a general meeting was contrary to the Act. BODY CORPORATE – whether the body corporate acted reasonably, including when making a decision. Act, s 94; Accommodation Module, s 79.

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

INTERIM ORDER – where lot owner seeks interim order to have Body Corporate temporarily relocate common property utility wiring so that other repairs can be undertaken in the lot – whether requested order is interim in nature – whether interim order ought to be granted. Act, s 279

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.

DECLARATORY ORDER – ANNUAL GENERAL MEETING – where annual general meeting to be held more than three months after end of financial year – whether to declare that annual general meeting will be not be invalid for being held late Standard Module s 66

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

GENERAL MEETING MOTIONS – whether a motion purporting to appoint a body corporate manager was valid – whether the motion was validly passed – whether orders regarding the motion, minutes and remuneration claimed are warranted. Commercial Module, ss 43, 47, 48, 60, 61

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.

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.