Decisions table

RECORDS – whether the body corporate has failed to provide the applicant with access to body corporate records Act, s 205 Standard Module 2020, ss 231, 232, 233

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

Whether an owner made an improvement to common property; whether an owner has contravened a by-law. Act, ss 94, 152, 182; Standard Module, s 187.

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

IMPROVEMENT TO COMMON PROPERTY – where the applicants have installed a flagpole and fly a flag – where the body corporate says the applicants do not have approval – whether the applicants should be able to keep the flagpole in its current form. Act, s 94; Small Schemes Module, s 112

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

ACCESS TO RECORDS – where the applicant sought CCTV footage –whether the body corporate has failed to provide access to records. Act, s 205; Standard Module, ss 231, 232

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

ANIMAL BY-LAW– Where scheme by-laws permit animals with consent of body corporate - whether committee decision to refuse permission to keep a dog was unreasonable. Body Corporate Beaches Surfers Paradise v. Backshall [2016] QCATA Ainsworth v Albrecht [[2016] HCA 40](/cgi-bin/viewdoc/au/cases/cth/HCA/2016/40.html "View Case") Act, ss 94(2),100(5),167.

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

APPLICATION FOR INTERIM ORDERS – whether the body corporate should be prevented from acting upon a by-law contravention notice until I can decide whether the by-law is invalid; whether a by-law requiring compliance with design guidelines is invalid because it prohibits rather than regulates or because it forces the applicant to breach a local government regulation; whether the committee acted unreasonably when deciding to issue the by-law contravention notice. Act, ss 100(5), 169, 180, 279(1).

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

INTERIM ORDER – where common property fences required maintenance – where same issue motion proposed different materials and levels of expenditure – where owners chose more expensive option – where applicant says the fences benefit individual owners and ought to be paid for by them – where applicant says extra expenditure unnecessary and therefore unreasonable – where applicant says motion was not proposed by committee as stated on voting paper – where applicant says motion was therefore misleading – where prospects of succeeding at final determination stage on legal arguments appear poor – whether to grant interim order Act, ss 279, 94, Standard Module s 88

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

Whether the removal of existing masonry boundary wall and erection of new wall in an exclusive use area was a disposal of an interest in common property - whether the works could be approved by simple majority- whether approval by resolution without dissent was required Body Corporate and Community Management Act Land Titles Act ss 10, 41A\_,\_ 41B and 41C Body Corporate and Community Management (Standard Module) 2020 s 184 Katsikalis v Body Corporate for The Centre [[2009] QCA 77](/cgi-bin/viewdoc/au/cases/qld/QCA/2009/77.html "View Case") Diane [[2016] QBCCMCmr 585](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2016/585.html "View Case") Dansur v Body Corporate for Cairns Aquarius [[2022] QCATA 15](/cgi-bin/LawCite?cit=%5b2022%5d%20QCATA%2015 "View LawCiteRecord")

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

IMPROVEMENT TO COMMON PROPERTY – where the applicants submitted a motion seeking approval to install solar panels on the roof above their lot – where the committee submitted a motion proposing the approval of the panels subject to conditions – where neither motion passed – whether decision not to pass the motions was unreasonable. Act, ss 67-79, 94; Standard Module, s 187

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

Whether the body corporate acted reasonably. Act, ss 94, 95, 101 150; Accommodation Module, ss 152, 153, 156.

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

• Chen Chew Chua lot owner
• The Owners – Strata Plan No 36156 owners corp

The appeal against the Tribunal's decision refusing to invalidate resolutions and the election of the strata committee at the March 2019 AGM was dismissed, with the appellate panel finding no error of law in the Tribunal's determination that the appellant was not adversely affected by any procedural non-compliance.

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 COMMITTEE – 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.

APPLICATION FOR AN INTERIM ORDER – whether there is a question of law for determination and whether the balance of convenience falls in favour of the applicant –whether to make an order pending a decision on the application for final orders. Act, ss 100(5), 169, 269(3), 276(1), 279(1).

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

IMPROVEMENT TO COMMON PROPERTY – whether the body corporate must install grated strip drains on common property to prevent runoff from a common property road from running through a lot during heavy rain. Act, ss 94(1)(a), 100(5); Standard Module, ss 173, 180(1), 186, 187.

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

GENERAL MEETING MOTIONS – INSURANCE – whether motions passed at an annual general meeting are valid – whether insurance arrangements comply with the legislative requirements. Accommodation Module, ss 150-152, 162, 163, 186-196

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

DECLARATORY ORDER – ANNUAL GENERAL MEETING – where the annual general meeting is to be held more than three months after end of financial year – whether to grant permission for the annual general meeting to be held late – whether to declare the annual general meeting will be not be invalid for being held late Accommodation Module s 73; Standard Module s 83; Commercial Module s 40

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.

Cat being kept on scheme – whether breach of by-laws and/or nuisance; whether cat should be removed. Act, ss 59, 66, 94, 182, 183, 184.

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

Whether the body corporate acted reasonably in making a decision. Act, s 94(2).

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

GENERAL MEETING MOTIONS – where two motions submitted by the applicant did not pass – whether the body corporate decisions should be overturned – whether orders are warranted. Act, ss 20, 94, 169, 180; Standard Module, ss 180

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

Whether the body corporate acted reasonably in making a decision to pass a resolution on a motion. Act, s 94(2).

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

Whether applicant entitled to be reimbursed costs of replacing tiled concrete slab within exclusive use area of common property. Act, ss 152, 281; Standard Module, ss 159, 170, 173

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

APPLICATION FOR INTERIM ORDERS – whether the body corporate should be prevented from implementing committee resolutions that would reduce payments to the caretaking service contractor until the validity of those resolutions may be determined at final orders; where the reduction in remuneration is said to be contrary to the terms of the caretaker’s contract and the committee is thought to have acted unreasonably. Act, ss 100(5), 149B, 279(1); Accommodation Module s 125(1)(a).

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

• Tony Martire lot owner
• The Owners – Strata Plan No. 42159 owners corp

The Tribunal ordered that each party pay their own costs of the proceedings, finding no special circumstances warranted a departure from the usual rule that each party bears its own costs.

Whether the body corporate had a duty to maintain a common property roof; whether that duty was affected by an exclusive use by-law; whether the applicant is entitled to reimbursement of contributions paid to the body corporate. Act, ss 94, 95, 152; Standard Module, ss 180, 186, 192.

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

BY-LAWS – RENOVATION OF A LOT - where the respondent installed a bamboo structure at the front fence/gate of his lot – where he did not have body corporate approval - whether he contravened a by-law. Act, ss 94, 182, 184

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

BY-LAWS – whether an owner keeping a dog at the scheme without the body corporate approval required by the by-laws must remove the dog and keep it away; where the dog has been residing at the scheme for an extended period seemingly without adversely affecting other occupiers or the common property. Act, ss 59(2)(b), 100(5).

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

GENERAL MEETING MOTION – where the body corporate resolved to raise a special levy to cover a shortfall in the insurance budget – where the applicant claims the body corporate’s calculations are incorrect – whether the resolution is valid – COSTS – whether the applicant should be compensated for his costs in making this application. Act, s 94

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 – where the applicant alleges another owner breached the nuisance by-law – whether the body corporate should have issued the owner a by-law contravention notice – COSTS – where the respondent failed to participate in conciliation - whether costs should be awarded to the applicant. Act, ss 94, 100, 180-186, 280

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; Standard Module, ss 82(1), 83.

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

ADMINISTRATOR – whether an administrator should be appointed. Act, ss 278, 301

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

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.

COMMITTEE MOTIONS – whether the committee failed to consider motions submitted by the applicant – whether orders are warranted – COSTS – whether the application is vexatious, misconceived or without substance – whether costs should be awarded to the respondent. Act, s 270, Accommodation Module, s 50; COVID-19 regulations, ss 6-10

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

AGM RESOLUTION; IMPROVEMENT TO COMMON PROPERTY – whether a motion to increase the relevant limit for committee spending with respect to expenditure on the installation of a solar power system on the common property roof was invalid; whether two quotations or further consultation were required; whether the body corporate may spend on such an improvement if there are unmet maintenance needs at the scheme; whether the body corporate is proposing to carry on a business because it would raise funds from the solar panels via a feed-in tariff; whether the body corporate may proceed with the solar installation. Act, s 96; Standard Module, ss 172-174, 180(1), 186.

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.

IMPROVEMENT TO LOT; AGM RESOLUTION – whether the body corporate acted unreasonably when deciding against a motion proposing works to join the applicants’ two one-bedroom units to form a single three-bedroom unit; whether the motion should be deemed passed. Act, ss 94(2), 101(2); Accommodation Module, ss 170(2)(b), 177; Land Title Act 1994, ss 48C, 49C(4).

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

Whether a sail structure is a roofing structure providing protection which the body corporate is obliged to maintain in a structurally sound condition. Act, s 152; Accommodation Module, s 170(2)(b)(ii).

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

ANIMAL BY-LAW – where the committee refused permission for the applicants to have a dog - permission for the applicant body corporate failed to act reasonably when lot - whether approval should be given. Act, ss 94(2), 100(5)

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

BY-LAWS – GARBAGE DISPOSAL – where the respondent has been requested to remove rubbish bins from common property - whether an occupier has contravened the by-laws. Act, ss 94, 182, 184

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

INTERIM ORDER – where services contractor apparently engaged without a committee or body corporate resolution – whether to make interim order to stop further engagement of contractor Act, s 279

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

• Peter John Hannan lot owner
• Margaret May McQuade lot owner
• Lesley Van Dyck lot owner
• The Owners - Strata Plan No. 20680 owners corp
• Strata Central Pty Ltd manager

The Tribunal appointed Strata Central Pty Ltd as strata managing agent for 24 months to exercise all functions of the Owners Corporation, finding the Owners Corporation failed to perform its duties to repair and maintain common property.

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.

ONUS OF PROOF – STANDARD OF PROOF – EVIDENCE – where floor waste in applicant’s bathroom was not connected to wastewater pipe – where no direct evidence of fault or omission by the body corporate – whether evidence sufficient to satisfy adjudicator of body corporate liability\_‑\_ – meaning of balance of probabilities

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

IMPROVEMENT TO COMMON PROPERTY/LOT – whether the applicants ought to be granted body corporate approval to install a digital “smart” lock on the front door of their lot; whether committee approval was unreasonably withheld; whether approval must be sought at a general meeting on the basis that the lock would detract from the appearance of the common property. Act, ss 94(2), 100(5); Standard Module, s 187; Land Title Act 1994, ss 48C, 49C(4).

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

COMMON PROPERTY – whether an owner has made an improvement which encroaches onto common property– where improvements have been approved by unanimous resolution of an EGM - whether common property has been disposed of. Act, ss 35, 94, 95, 154, 159; Standard Module, ss 184, 187.

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

GENERAL MEETINGS – whether two general meetings were valid – which version of the minutes is correct – which lots were financial - who was eligible to vote – who was eligible to be appointed to the committee – whether an adjudicator has jurisdiction to decide the dispute. Act, s 229A

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

GENERAL MEETINGS – whether two general meetings were valid – which version of the minutes is correct – which lots were financial - who was eligible to vote – who was eligible to be appointed to the committee – whether an adjudicator has jurisdiction to decide the dispute. Act, s 229A

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

Whether the body corporate had administered common property and body corporate assets reasonably and for the benefit of owners; whether the body corporate has acted reasonably; whether the body corporate has wrongfully denied access to body corporate information or documents; whether the body corporate has kept registers. Act, ss 94, 152, 205, 276; Standard Module, ss 226-230, 232.

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

By-LAWS – whether existing by-law prohibiting installation of shutters is oppressive or unreasonable having regard to the interests of all owners and occupiers of lots in the scheme. Act, ss 180(7).

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