Decisions table

ANNUAL GENERAL MEETING – whether a body corporate should be permitted to hold an AGM outside the prescribed legislative time frame – the effect of COVID-19 restrictions Act, ss 2, 4, 276(1); Accommodation Module, s 64; Public Health Act 2005, s 362B (Home Confinement, Movement and Gathering Direction); Non-Essential Business, Activity and Undertaking Closure Direction (No.5).

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

COMMON PROPERTY - Installation of air conditioning unit partly on common property – whether an improvement to common property Whether permission of the body corporate required Commercial Module s 120 STATUTORY EASEMENTS FOR UTILITY INFRASTRUCTURE where an occupier has installed utility infrastructure partly on common property -whether the body corporate was entitled to refuse permission BCCM Act s 68; Land Title Act 1994, s 115O REASONABLENESS– whether body corporate has acted reasonably in performance of its functions. BCCM Act ss 94, 100. Riverford [[2018] QBCCMCmr 606](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2018/606.html "View Case") Summertree [[2017] QBCCMCmr 111](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2017/111.html "View Case") Miles & Anor v Body Corp for Solarus Residential [[2016] QCATA 130](/cgi-bin/viewdoc/au/cases/qld/QCATA/2016/130.html "View Case") Beaches Surfers Paradise v Backshall [[2016] QCATA 177](/cgi-bin/viewdoc/au/cases/qld/QCATA/2016/177.html "View Case") Ainsworth v Albrect [[2016] HCA 40](/cgi-bin/viewdoc/au/cases/cth/HCA/2016/40.html "View Case") at [[49]](/cgi-bin/viewdoc/au/cases/cth/HCA/2016/40.html#para49).

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

IMPROVEMENT TO COMMON PROPERTY – where a fence has been installed on common property without approval – whether the installation should be allowed – whether a grant of exclusive use is required - whether the fence should be removed. Act, ss 170-171; Standard Module, s 164

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

BODY CORPORATE SPENDING– whether the proposed works have been properly authorised by the body corporate;. Act, ss 227, 228, 276, Accommodation Module ss149, 150

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.

COMMON PROPERTY – whether the Body Corporate has power to make an improvement to common property; whether the Body Corporate has contravened the Act in its administration of common property; whether the Body Corporate has acted reasonably. Act, ss 94, 95, 100.

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

APPLICATION FOR AN INTERIM ORDER – where breaches of scheme by-laws are alleged – where issues about the use of areas licensed by the body corporate to an occupier to use for its business are raised – whether the nature or urgency of the circumstances require an order to be made – whether there are triable issues and the balance of convenience falls in favour of the applicant. Act, ss 180, 269(3)(b) & (c), 279(1).

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

APPLICATION FOR INTERIM ORDERS – whether an interim order is warranted to stop the committee from closing a refuse area on common property in an effort to reduce the risk of covid-19 transmission; whether the body corporate is obliged to engage a contractor to manage the refuse area until final orders may be issued; whether the body corporate should erect signs on the common property regarding covid-19 transmission. Act, ss 35(1), 94(1)(a), 100(2), 279(1); Accommodation Module, ss 42(1)(b), 157(1).

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

DECISION PURPORTEDLY MADE BY COMMITTEE - whether decision invalid. Failure to challenge decision within time limit in section 242 of the Act – whether there is good reason to waive non-compliance. MAINTENANCE OBLIGATIONS OF THE BODY CORPORATE- section 152 Act, section 159 Standard Module

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

Votes exercised by power of attorney – Act s 219, Accommodation Module, s 81. Powers of Attorney Act 1998 (Qld).

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. Standard Module, s 66

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

INSURANCE – whether insurance was purchased without valid authorisation by the body corporate; whether commissions and associations were disclosed as required; whether funds raised for insurance have been misapplied by the body corporate. Act, s 309; Accommodation Module, ss 105(4)(a), 131, 133, 148-151, 174, 176, 177.

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

DAMAGE TO PROPERTY – whether an owner suffered damage to property; whether the damage was caused by a contravention of the Act by the body corporate; whether there are reasonable grounds to find that the body corporate reimburse the owner for the cost to repair the damage. Act, ss 20, 152, 177, 281; Accommodation Module, s 157

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 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.

ANNUAL GENERAL MEETING – whether to extend the time for holding an annual general meeting due to covid-19 disruptions. Act, ss 104, 111; Commercial Module, ss 14(2), 33, 36(3), 49(2)(a), 53, 162; Home Confinement, Movement and Gathering Direction; Non-essential business, activity and undertaking Closure Direction (No.5).

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

ADMINISTRATOR – whether an administrator should be appointed – who should be appointed, with what powers, and for how long. Act, ss 276, 278, 301

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

RESOLUTION – EXPENDITURE – REASONABLENESS – where body corporate resolution authorises building rectification works and expenditure based on single quotation with no total cost specified – whether resolution was reasonable – whether to declare resolution void Act, s 94(2)

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

DECLARATORY ORDER – ANNUAL GENERAL MEETING – whether a body corporate’s annual general meeting will be invalid for being held more than three months after the end of the scheme’s financial year. Accommodation Module s 64

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.

GENERAL MEETING PROCEDURES – whether the body corporate should be authorised to hold its annual general meeting outside the legislative time limit. Standard Module, s 66

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.

ANNUAL GENERAL MEETING – COMMITTEE – where applicants denied entry to annual general meeting – where applicants unable to nominate for committee ordinary member position from floor of meeting – whether to declare applicant to be a committee member IMPROVEMENTS – where applicants request to make improvements to common property refused by committee – whether refusal unreasonable – whether to order that approval be given for improvements MAINTENANCE – where applicants suffered water ingress and sought advice from roofer – where dispute as to whether Body Corporate has followed up roofer’s recommendations – whether to order Body Corporate to follow up roofer’s recommendations Act, s 100(5); Standard Module, ss 27, 164

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

DECLARATORY ORDER – ANNUAL GENERAL MEETING – whether a body corporate’s annual general meeting will be invalid for being held more than three months after the end of the scheme’s financial year. Small Schemes Module, s 31

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.

GENERAL MEETING MOTIONS – where the applicants sought approval for a structure on their rooftop, pursuant to a previous order – where the motions were defeated – whether the body corporate failed to act reasonably in deciding not to pass the motions. Act, s 94(2)

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

DECLARATORY ORDER – ANNUAL GENERAL MEETING – whether a body corporate’s annual general meeting will be invalid for being held more than three months after the end of the scheme’s financial year. Standard Module s 66

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\_.\_ Small Schemes Module, s 31.

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; Accommodation Module, s 64.

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; Accommodation Module, s 64.

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 66 Body Corporate and Community Management (Standard Module) Regulation 2008

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; Accommodation Module, s 203

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

MAINTENANCE UNDER BUILDING FORMAT PLAN – whether the body corporate is obliged to pay reimbursement to owners for repairs to a hob within their lot, concrete spalling on their balcony soffit, or water damage to an internal wall; whether the body corporate is obliged to repair windows on the boundary of the lot and common property; whether the body corporate is obliged to repair feature blades on the exterior of the building that are showing cracks. IMPROVEMENT TO COMMON PROPERTY – whether the body corporate is required to give the applicants the opportunity to upgrade to louvres in the event their windows require replacement, with the applicants only to pay the difference in price between the louvres and windows of the same style as the old. Act, ss 163, 281; Standard Module, s 159.

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

COMMITTEE RESOLUTION – where the committee purported to approve spending to replace leaky windows in some lots – whether the decision was valid – what work is necessary - whether the body corporate is responsible for the windows of ground floor lots with exclusive use areas – whether some committee members had a conflict of interest - what orders are warranted. Standard Module, ss 53, 139, 151, 152, 170, 173

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

GENERAL MEETING – whether owners were given sufficient information when asked to approve a payment-in-kind scheme – whether a motion supporting the scheme should be voided. Act, ss 94(2), 100(5), 269(3).

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

GENERAL MEETING – whether the body corporate can decide to not comply with a mandatory requirement relating to the conduct of a general meeting; whether the body corporate gave proper notice of a general meeting; whether a general meeting and a motion on the agenda of a general meeting is void. Act, ss 94, 100, 104; Standard Module, ss 74, 171.

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

ANIMAL BY-LAW – whether the body corporate did not act reasonably when refusing permission for the applicants to have a dog at the scheme from time to time - whether the applicants should be given approval. Act, ss 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 acted reasonably. Act, s 94.

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

BY-LAW – where body corporate resolved to add new by-law concerning liquid runoff from balconies – whether by-law oppressive or unreasonable – whether to invalidate by-law. Act, ss 94(2), 169, 180(7)

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

GENERAL MEETING MOTION – where the applicants submitted a motion to a general meeting – where the chairperson withdrew the motion before the results of voting were declared - whether the motion should be deemed to have passed. Standard Module, ss 69, 89-90

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 the annual general meeting. Act, s 104; Standard Module, s 66

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.

Validity of by-law that purports to prohibit the keeping of animals. Act, ss 169, 180(7)

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

BY-LAWS – BALANCE OF PROBABILITIES – where lot owner alleged to have contravened by-laws by taking alcohol and glass into the pool area and removing rocks from common property garden to his own lot – where owner alleged to not have complied with contravention notices to cease and rectify – whether to make order for by-law contraventions – whether satisfied of contraventions on balance of probabilities. Act, s 169

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

GENERAL MEETING – ADMINISTRATOR – where scheme has no committee – where general meeting called without committee authority – whether to invalidate general meeting resolutions – whether to appoint an administrator. Act, ss 278, 301; Standard Module, s 65

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

APPLICATION FOR AN INTERIM ORDER – where the body corporate installed a pool and spa water circulation system on the applicant’s exclusive use area – whether the body corporate should turn off the WCS for now – 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 falls in favour of the applicant. Act, ss 269(3)(b) & (c), 279(1).

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.

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.

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.