Decisions table

ANNUAL GENERAL MEETING – whether to extend the time for holding the 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.

ADMINISTRATOR – where applicant alleges financial mismanagement by committee – where new committee subsequently elected – where no evidence new committee cannot address financial issues – whether to appoint administrator. Act, s 301

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

Application for interim order for temporary approval to keep dog within lot – whether warranted in circumstances. Act, ss 169, 180(7), 279.

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

COMMITTEE -VALIDITY OF ELECTION OF ORDINARY MEMBERS – WHETHER INSTRUCTIONS FOR COMPLETION OF SECRET BALLOT PAPER WERE MISLEADING Standard Module ss, 15 to 28

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

GENERAL MEETING MOTIONS – where the body corporate passed three motions regarding embankment/retaining wall repair works - whether the motions are valid. Standard Module, ss 151, 152

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

RESOLUTIONS – where body corporate resolved to issue notice to caretaker to cease acquiring services – where caretaker alleges that notice designed to extinguish QCAT jurisdiction to hear dispute about caretaking service contractor agreements and limit other future remedies – whether any contravention of legislation – whether BCCM or QCAT is appropriate jurisdiction BY-LAWS – REASONABLENESS –where body corporate passed resolution requiring external pedestrian gate to be kept closed – where applicant alleges that resolution purports to be a by-law and impose a penalty – where applicant alleges keeping gate closed will disrupt his letting agent business – where applicant alleges rationale for keeping gate closed is not genuine – whether resolution purports to create by-law or ‘house rule’ – – whether resolution purports to impose penalty – whether decision to make resolution unreasonable INTERIM ORDER – whether to grant interim order Act, ss 94(2)

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

IMPROVEMENT TO COMMON PROPERTY – where a common property fence has been modified with the addition of wire mesh – whether approval has been given – whether the mesh should be removed. 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.

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.

RESOLUTION – EXPENDITURE – INTERIM ORDER– where body corporate resolution authorises building rectification works and expenditure based on single quotation with no total cost specified – whether to restrain body corporate from implementing resolution Act, s 94(2)

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

MAINTENANCE – whether the body corporate is maintaining common property in good condition – whether the body corporate should be required to obtain an arborist report ever six months on a tree. Act, s 270, Standard Module, s 159

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.

MAINTENANCE UNDER BUILDING FORMAT PLAN – whether the body corporate is obliged to call a general meeting to consider a motion to replace external windows on the boundary between a lot and common property. Standard Module, s 157(2).

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

ADMINISTRATOR – whether an administrator should be appointed to convene a general meeting\_.\_ Act, ss 276, 278, 301

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

BREACH BY-LAW – whether a lot owner has breached a by-law concerned with hard flooring surfaces – whether the body corporate acted unreasonably when it did not enforce by-laws upon a complaint from one lot owner against another – whether a lot owner should be required to replace the flooring in their lot CONCILIATION AGREEMENT – whether in an adjudication application reference can be made to the details of a conciliation agreement. Act, ss 59(1), 167, 169(1), 180(7), 252E(5), 269(3)(b), 269(3)(c); Land Title Act 1994 s 115L(3), Queensland Civil and Administrative Tribunal Act 2009, s 74.

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

INTERIM ORDER – where an applicant has sought a variation to the interim order previously made – whether a variation is warranted. Act, s 279

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

COMMITTEE RESOLUTION – where committee purportedly resolved by resolution outside a committee meeting to engage lawyers to defend an adjudication application – whether committee members are personally liable. Act, 101A(1)

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

GENERAL MEETING – whether opposition to a motion requiring a resolution without dissent is unreasonable. Act, ss 276(1) and (3), Schedule 5 Item 10.

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.

ANNUAL GENERAL MEETING – whether a body corporate is permitted to hold an AGM outside the prescribed legislative time frame. Act, ss 2, 4; Standard Module, s 66.

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

ADMINISTRATOR – whether an administrator should be appointed with all of the powers of the body corporate to address dysfunction at the scheme, including failure to hold meetings, obtain insurance, perform maintenance and enforce by-laws. Act, ss 94(1)(b), 182, 301; Standard Module, ss 66, 139, 141, 159, 178, 179.

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, s66

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

INTERIM ORDER – where interim order made to permit dog to be kept – where parties apply for interim order to be varied – whether to vary order. Act, s 279(2)

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

Whether an interim order is necessary to require the withdrawal of notices of interim contributions. Act, ss 101, 279; Accommodation Module, s 93

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 by the Act; whether the body corporate has shown that the respondent has contravened a by-law and repeated the contravention of the by-law. JURISDICTION – whether the body corporate made reasonable attempts to resolve the dispute by internal dispute resolution; whether the body corporate authorised the outcome sought; whether the body corporate has shown the existence of a dispute. Act, ss 94, 100, 101, 183, 184, 238, 241, 270; Accommodation Module, s 42.

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

ADMINISTRATOR – whether an administrator should be appointed with all of the powers of the body corporate to address dysfunction at the scheme, including failure to hold meetings, adopt budgets, obtain insurance, and perform maintenance. Act, ss 94(1)(b), 182, 301; Accommodation Module, ss 64, 137, 139, 157, 176, 177.

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

CONTRACTUAL MATTER – COMPLEX DISPUTE – JURISDICTION – where terminated agreement is a service contractor agreement – where caretaker is not also the letting agent – whether dispute is a complex dispute beyond adjudicator’s jurisdiction RESOLUTION – REASONABLENESS – where body corporate resolved to terminate service contractor (caretaker) agreement – where controller appointed over caretaker’s property – where purported reason for termination was appointment of external administrator – where caretaker disputed it is under external administration – where body corporate was put on notice of that dispute – where body corporate resolved to proceed with termination – whether actions of committee and body corporate was reasonable Act, ss 94(2); 149B; 229(2); 276(1)(c)(i)

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. Small Schemes Module, s 31

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.

BY-LAWS – whether the respondent has left large pieces of gym equipment on common property – whether the respondent is in breach of the by-laws. Act, s 59(2)

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

GENERAL MEETING MOTION – where a structure on common property housing exclusive use garages has structural defects – where a motion proposing that the body corporate remove and replace the structure is not passed – whether the body corporate or the owners benefiting from the exclusive use of the structure are responsible for the maintenance of the structure – whether the proposal was for maintenance or improvement – whether the motion should be passed. Act, s 94; Small Scheme Module, ss 84, 107

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

APPLICATION FOR AN INTERIM ORDER – where two annual general meetings were purportedly held in the same month, resulting in two purported committees – whether one committee or the other should administer the scheme in the interim – where repairs are urgently required and body corporate bills need to be settled – 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 applicants. Act, ss 269(3)(b), 269(3)(c), 279(1); Accommodation Module, ss 63(3)(f), 80, 122, 137(6), 138.

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

APPLICATION FOR AN INTERIM ORDER – where two annual general meetings were purportedly held in the same month, resulting in the election of two purported committees – whether one committee or the other should administer the scheme in the interim – where repairs are urgently required and body corporate bills need to be settled – 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), 269(3)(c), 279(1); Accommodation Module, ss 64, 122.

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

GENERAL MEETING – whether a general meeting was properly called; whether motions included on the agenda were authorised by the committee; whether the meeting and the resolutions passed at the meeting are void. Act, ss 94, 276; Standard Module, ss 44-54, 65, 67

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

BODY CORPORATE – whether the body corporate had a duty to maintain common property trees in good condition; whether the body corporate authorised work to cut back the trees; whether the body corporate acted reasonably, including when making a decision. EXCLUSIVE USE COMMON PROPERTY – whether the body corporate had power to enter exclusive use common property. Act, ss 94, 152, 163, 173; Standard Module, ss 159, 173.

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, s64.

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.

ANIMAL BY-LAW – whether the body corporate failed to act reasonably when refusing permission for the applicant to have a dog at her lot – whether committee approval was required under the by-law – COSTS – whether the body corporate should pay the applicant’s costs. Act, ss 94(2),100(5), 270, 280

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

Whether body corporate should be responsible for cost of re-tiling lot. Act, ss 94, 281; Standard Module, s 159

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

BY-LAWS – where the applicant claims an adjacent occupier has breached the noise by-law by banging her door - whether the body corporate has failed to enforce the by-laws – whether orders are warranted. Act, ss 94, 100, 182-188

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.

APPLICATION FOR INTERIM ORDERS – whether the proposed replacement of the scheme roof has been properly authorised by the body corporate; whether the body corporate should be prevented from proceeding with the work pending final orders. Act, s 279(1); Standard Module, ss 151, 152.

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

BY-LAWS – whether an owner or occupier contravened a by-law; whether the body corporate enforced the by-law in the way provided in the Act; whether the body corporate acted reasonably enforcing the by-law. Act, ss 94, 182, 184.

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.

ANIMAL BY-LAW – whether the body corporate failed to act reasonably when refusing permission for the applicant to have a dog at her lot – whether committee approval was required under the by-law – COSTS – whether the body corporate should pay the applicant’s costs. Act, ss 94(2),100(5), 270, 280

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

APPLICATION FOR INTERIM ORDERS – whether the proposed replacement of the scheme roof has been properly authorised by the body corporate; whether the body corporate should be prevented from proceeding with the work pending final orders. Act, s 279(1); Standard Module, ss 151, 152.

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

APPLICATION FOR INTERIM ORDERS – whether a notice to enter a lot is invalid because the timing of the entry interferes with a peak period for holiday letting, or because the person who is to enter the lot has not been authorised by a resolution of the committee; whether an interim order should be made preventing the body corporate from proceeding before the end of the holiday period. Act, ss 163, 279(1).

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.

ANIMAL BY-LAW – whether the body corporate failed to act reasonably in relation to the applicant’s requests to have two dogs at her lot. Act, ss 94(2),100(5), 245

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