Decisions table

BODY CORPORATE ROLL – where the applicant advised the body corporate that her name had changed – whether the body corporate was required to update the roll – whether a voting paper completed in the applicant’s new name was valid. Act, ss 94(2), 100(5); Standard Module, ss 101, 223-225

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

INTERIM ORDER – whether interim orders are warranted. Act, s 279

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

PROPERTY DAMAGE – where owner claims for damage to property – whether damage was caused by upstairs owner’s failure to maintain lot in good condition resulting in water ingress to lot below – whether orders should be made pursuant to section 281 of the Act. Act, ss 20, 227, 228, 229A, 281; Standard Module, ss 180, 211

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

PROPERTY DAMAGE – where owner claims for damage to property – whether damage was caused by body corporate’s breach of its maintenance obligations resulting in water ingress to owner’s lot – whether orders should be made pursuant to section 281 of the Act. Act, ss 20, 281; Standard Module, ss 180, 211

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

CHANGE OF FINANCIAL YEAR – whether to change the scheme’s financial year Act, ss 283, 321A

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

GENERAL MEETING PROCEDURES – whether the votes on a motion to engage a body corporate manager were tallied correctly; whether the resolution should be declared void. Accommodation Module, ss 95(1), 103(d), 210(2), 211, 221(1).

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 authorising the committee to enter into a contract with a supplier to take over the management of the scheme’s embedded electricity network – where the applicant sought for the motion to be declared invalid. CONSENT ORDER – where the parties have now reached an agreement about the motion – whether an order should be made by consent. Act, ss 276(5), 287; 289

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

GENERAL MEETING MOTIONS – The following decisions were made at an AGM by virtue of the caretaking service contractor’s majority vote: budget motions were increased by 10% even though no additional expenditure was authorised at the AGM a motion to reimburse a committee member’s legal fees, incurred in pursuit of the body corporate’s interests, failed a motion to increase the electricity tariff paid by owners failed a motion to spend up to $3,000 on legal advice regarding a lift contract failed, and a motion to rescind a resolution limiting committee expenditure on legal fees to $1,000 per year failed. The applicants ask that the budget increase is reversed, owners are reimbursed the additional contributions they have paid, and the other motions are deemed passed because the body corporate acted unreasonably or committed a fraud on the minority. Act, s 94(2); Accommodation Module, ss 151(2), 162(1)(a), 200.

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

MANTENANCE OBLIGATIONS OF BODY CORPORATE– where rainwater leaked through common property roof- where applicant claims $1,330 for minor damage to property and $15,039 for loss of rent. DISMISSAL OF APPLICATION- where adjudicator is satisfied the dispute should be dealt with in a court or tribunal of competent jurisdiction. Act, ss 270(1)(b),

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

COMMITTEE COMPOSITION; GENERAL MEETINGS – validity; BODY CORPORATE PROPERTY – whether body corporate has validly requested the return of body corporate property from its body corporate manager. Act, s 120(3); Standard Module, ss 13, 38, 41, 74, 76, 235

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

REASONABLENESS – whether a decision made at an extraordinary general meeting is unreasonable MAINTENANCE – where lot owners installed garage doors within walls on the boundaries of their lots and common property land – whether the body corporate is or can be responsible for maintaining these garage doors Act, s 94; Standard Module, ss 52, 180, 187

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

GENERAL MEETING – whether ratification of expenditure exceeding the major and body corporate committee spending limits was effective; whether sufficient information was provided to consider before a motion to ratify expenditure. BODY CORPORATE RECORDS – whether the body corporate failed to provide body corporate records to the applicant; whether records requested are not held by the body corporate; whether records requested have already been provided by the body corporate. Act, s 205; Accommodation Module, ss 163, 164, 220

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

BY-LAWS – whether the removal of an iron screen involves is a minor change and a structural alteration to common property – whether it detracts from the amenity of the lot and its surrounds COSTS – whether the respondent should pay the cost of the application fees for department conciliation and adjudication for this dispute Act, s 280

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

REASONABLENESS – where a motion seeking approval for a colour change to Lot 6’s patio doors was not approved by the committee – whether the committee acted unreasonably in making its decision on the motion. Act, ss 94, 100

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

GENERAL MEETING MOTION; MAINTENANCE – where the windows enclosing the applicants’ balcony are leaking and require replacement, but the body corporate voted down a motion to have new windows installed; where owners were given little evidence that replacement was necessary and only one quotation was presented with the motion, despite the proposed expenditure exceeding the relevant limit for major spending; whether the motion should be deemed to have passed. Standard Module, ss 162(2), 173, 180(2)(a)(ii).

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

INTERIM ORDERS – whether interim orders are warranted in the circumstances. ADJUDICATOR POWERS – whether Adjudicator can be satisfied that an application raises a serious legal question and the balance of convenience between the parties justifies injunctive relief. 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 276, 279

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

APPLICATION FOR INTERIM ORDER – Where: four committee members’ terms ended because they missed two consecutive committee meetings without leave the committee appointed replacements without reference to a general meeting, and the applicant seeks an order that the vacancies must be filled at a general meeting. Whether the committee members should be reinstated to their former positions until the application is decided. Act, ss 100(5), 279(1); Accommodation Module, ss 36(2), 37, 39, 40(1)(b), 46(1)(a), 47(2)(a), 52(1), 72(1).

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

BY-LAWS - whether the respondent is breaching the by-laws with regard to parking and items on common property. Act, ss 94, 182-188

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

INTERIM ORDERS – whether interim orders are warranted in the circumstances. Act, ss 163, 279

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

GENERAL MEETING – NOTICE PERIOD – whether to make an order declaring that a general meeting in an emergency will not be invalid for being called on short notice. Act, s 243A; Accommodation Module, s 81

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

MAINTENANCE -obligation of body corporate in a Building Format Plan to maintain common property roof had a duty to maintain a garage door and garage door motor in good condition – whether the body corporate breached those duties by failing to repair or replace the garage door and garage door motor. Act, ss 94(2), 281; Standard Module, ss 180 Part A2 National Construction Code Carroll v Body Corporate for Palm Springs Residences [](../../../../BCCM/Appeal%20&%20External%20Decisions/Appeal%20decisions/Carroll%20and%20Ors%20v%20Body%20Corporate%20for%20Palm%20Springs%20Residences%20CTS%2029467%20%5b2013%5d%20QCATA%2021.pdf)[[2013] QCATA 21](/cgi-bin/viewdoc/au/cases/qld/QCATA/2013/21.html "View Case")

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

BODY CORPORATE RECORDS – whether body corporate records should be transferred a body corporate manager and whether body corporate funds should be transferred to a new bank account. GENERAL MEETING PROCEDURES – where there are two persons claiming to be authorised to act as the secretary for the body corporate, whether an annual general meeting was validly called and held and committee members validly chosen. Act, ss 99, 279; Standard Module, ss 13(a), 44, 160, 232(1)

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

GENERAL MEETING PROCEDURES – where the body corporate sent the notice of an AGM to the residential addresses for several lots, rather than the addresses for service recorded on the roll; where the body corporate committee encouraged owners to vote against a motion to increase the applicant’s salary as caretaking service contractor; whether the outcome of voting should be reversed because owners were unable to vote or were influenced by the committee. Act, s 100(5); Accommodation Module, ss 76, 77(1), 79(6), 81, 95(1), 206, 207, 208(b), 210(2), 213(2)(d); Acts Interpretation Act 1954, s 39A(1)(b).

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

MAINTENANCE – where there are maintenance and safety concerns with structures built on an exclusive use rooftop area – whether the body corporate can permanently remove the structures – whether orders are warranted relating to removal works. Act, ss 11, 94, 163, 243A; Standard Module, ss 180, 187, 192, 193

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

GENERAL MEETING MOTIONS – where the applicant disputes 7 general meeting motions relating to an ongoing dispute about structures on the applicant’s exclusive use area of common property – whether the motions are valid. Act, ss 11, 94; Standard Module, ss 91, 116, 172-4, 184, 186, 193, 212

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

IMPROVEMENTS TO COMMON PROPERTY – whether authorised Act, s 159; Standard Module, s 187

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

REASONABLENESS of body corporate’s handling of major maintenance project; IMPROVEMENT TO COMMON PROPERTY – whether awning removed to perform maintenance can be reinstalled; claim for LOSS OF RENT. Act, ss 94, 100(5), 205; Accommodation Module ss 63(1), 177, 217, 220

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

INTERIM ORDER – where body corporate resolved to apply for a change to the scheme’s existing development approval to include a condition that restricts studies and media rooms from being converted into additional bedrooms – whether an interim order is warranted Act, s279(1)

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

INTERIM – 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.

IMPROVEMENT TO COMMON PROPERTY – where an owner installed an air-conditioning unit on common property; whether the installation was validly approved by the body corporate. Act, s 159; Accommodation Module, s 177

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

COMMITTEE PROCEDURES & COMPOSITION – where the majority of the body corporate committee submitted a motion to a general meeting without notice to their colleague, the applicant; where the motion proposed the dismissal of the applicant from the next committee and it passed by ordinary resolution; whether the motion is void, the applicant must be appointed to the new committee, the body corporate must produce related records, and the body corporate must pay the applicant’s costs. Act, s 280; Standard Module, ss 44(2)(f), 55(1)-(2), 66(2), 68(1), 232(1).

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.

SUPPLY OF SERVICES – whether the body corporate’s arrangements for billing of water supply charges are valid – whether the outcome sought is still relevant or required – whether other orders are warranted. Act, s 196, 270

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

IMPROVEMENT TO COMMON PROPERTY; REASONABLENESS – whether it was unreasonable for the body corporate to make an improvement to common property for the benefit of a single lot. Act, ss 94(1)(a), 94(2), 100(5), 280; Accommodation Module, ss 162, 176.

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

INTERIM ORDER – whether interim orders are warranted. Act, s 279

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

APPLICATION FOR INTERIM ORDERS – where the applicant seeks interim orders for an administrator to be appointed – whether there are urgent circumstances that warrant interim orders being made. Act, ss 152, 279; Commercial Module, ss 127

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

REASONABLENESS – whether the committee’s decision to reject a request to display commercial signage on a lot was unreasonable. Act, ss 94(2), 100(5)

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

COMMITTEE SPENDING – where purported spending by the committee exceeded the relevant limit for major spending- circumstances where spending beyond relevant limit for committee spending can be subsequently ratified by a general meeting 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. 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 s 279, Accommodation Module ss 125, 127, 163.

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

INTERIM ORDER– whether an interim order is warranted to restrain the body corporate from acting on motions allegedly passed by the committee for works to a planter box and fencing within the boundaries of two lots. Act, s 279.

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

MAINTENANCE – whether the body corporate must engage a project manager to oversee the remediation of the rooftop waterproof membrane. Act, ss 94(2); Accommodation Module, s 170(1).

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

ACCESS TO A LOT – whether body corporate is required to compensate owner for inability to use part of the lot whilst works authorised by the body corporate are performed. Act, ss 94(2), 100(5), 156, 163; Standard Module, ss 52, 189

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

BY-LAW – A by-law only allows curtains to be installed where they have backings of a colour and design approved by the body corporate. The respondents hung sheer curtains with no backings and the applicant seeks an order that they must be replaced with curtains with a light-coloured backing.

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

DISMISSAL – ADJUDICATORS POWERS – ECONOMIC LOSS –CONSENT ORDERS The applicant lot owners allege the respondent body corporate has failed to maintain common property by failing to rectify building defects, and that the applicants have thereby suffered property damage and economic loss. The applicants seek orders that the body corporate repair the defects and remedy the applicants economic losses. The parties agree that the maintenance liability issue is so complicated that it is not suitable to be decided in this jurisdiction, and note that the dispute is also factually related to a proceeding already before a court. The parties note that an adjudicator lacks power to make the requested maintenance order to the extent the cost of repairs exceeds the monetary limit for an adjudicator’s order, and contend that an adjudicator also lacks power to make the requested order for economic loss. The questions for determination are: whether an adjudicator has power to order relief for economic loss; whether in any event it is appropriate to dismiss the application on the basis that the dispute should be dealt with in a court or tribunal of competent jurisdiction, and if so; whether to make the order dismissing the application by consent. Act, s 276; 270(1)(b); 276(5), 281

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

BY-LAWS; IMPROVEMENT TO COMMON PROPERTY – whether the respondent must relocate an air conditioning condenser and remove a hot water service that were installed on common property without body corporate approval. Act, s 184; Commercial Module, s 134.

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, s279

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.

IMPROVEMENT TO COMMON PROPERTY; GENERAL MEETING MOTION; REASONABLENESS – whether the body corporate acted unreasonably when refusing to pass a motion to permit the applicant to erect awnings over parking spaces on common property; whether the motion should be deemed to have passed. Act, s 94(2); Commercial Module, s 134.

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

INTERIM ORDER – whether an interim order is warranted to retrain the respondent lot owner from acting on motions allegedly passed at a general meeting of the body corporate. Act, s 279

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

IMPROVEMENTS TO LOT – where the respondents have removed internal kitchen walls from their lot BY-LAWS -Where a by-law requires body corporate approval for structural alterations, and the body corporate approval not obtained EASEMENTS OF SUPPORT RES JUDICATA– whether same matter has been finally decided Act, s 163, s 279(1). Standard Module, s 180(2)(b) Land Title Act 1994 s115N

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

PROPERTY DAMAGE; MAINTENANCE Act, ss 94(2), 152, 270(1)(b), 281; Standard Module, ss 162(2), 171(2), 180, 211(3)

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