Decisions table

POWER TO ENTER LOTS – whether the body corporate may enter a lot and affix a mast climber to it to facilitate work to other lots. Act, s 163; Standard Module, s 180.

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

POWER TO ENTER LOTS – whether the body corporate may enter a lot and install a mast climber to facilitate work to other lots. Act, ss 94(2), 163.

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

BY-LAW CONTRAVENTION Act, ss 182 to 188, s188

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

BY-LAW CONTRAVENTION Act, ss 182 to 188

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

BY-LAWS – whether a by-law applies in the circumstances; whether the Body Corporate has power to enforce particular by-laws. MAINTENANCE – OBLIGATION TO MAINTAIN ACCESS TO LOT – whether body corporate entitled to access to lot to perform maintenance - BCCMA, s 163. REASONABLENESS - BCCMA, s 94. STATUTORY EASEMENTS FOR UTILITY INFRASTRUCTURE- s 115O Land Title Act

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

• Lynne Maree Worrall lot owner
• The Owners - Strata Plan No 43357 owners corp

The Owners Corporation was ordered to repair the cavity flashing defect and the inadequate drainage and fall of most of the roof terrace within six months, with the applicant responsible for repairs to the part of the roof terrace forming the roof of her balcony, and the awning repair responsibility upheld as the applicant's obligation.

BY-LAWS – whether the body corporate must enforce a flooring by-law that is no longer in effect; whether the committee resolution to retrospectively approve the floor was invalid. COMMITTEE PROCEDURES – whether the committee is making decisions as required by the Accommodation Module. Act, ss 94(1)(b), 100(5), 270(1)(c), (3) & (4); Accommodation Module, ss 60(3), 61(1)(a).

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

ANNUAL GENERAL MEETING – whether the body corporate may hold its AGM later than permitted by the Accommodation Module. Accommodation Module, s 73.

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

Whether body corporate should be ordered to lodge new community management statement with different contribution schedule lot entitlements. Act, ss 227, 276

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

MATERIAL CHANGE OF USE – where the applicant seeks body corporate consent to apply for approval to change the use of its lot – where the applicant does not agree with the body corporate’s conditions for giving consent – whether the body corporate failed to act reasonably. Act, s 94

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

APPLICATION FEES – where applicant sought order for body corporate to undertake maintenance to sewer pipe affecting applicant’s lot – where respondent had previously declined to participate in conciliation – where respondent undertook repair works after adjudication application lodged – where applicant proceeded to seek only orders for payment of application fees – whether to make order against respondent for payment of application fees when substantive dispute no longer exists. Act, s 280

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

MAINTENANCE – where air conditioning cooling tower requires replacement – where cooling tower is common property – where cooling tower now services only applicant’s lot – where body corporate resolved to decommission the cooling tower unless applicant agreed to meet replacement and ongoing costs – where applicant declined to meet costs – where body corporate decommissioned cooling tower – where applicant argues body corporate must maintain and if necessary replace cooling tower INTERIM ORDER – where prospects of success at final determination stage are low – where balance of convenience not clearly favouring applicant – where urgency caused by applicant’s delay in bringing application – whether to make interim order to have tower turned back on Act, s 94(1), 94(2), 279 Standard Module, s 184(1), 186(1)

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

Winchcombe Place [[2021] QBCCMCmr 432](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2021/432.html "View Case") Lex and Wendy McQueen (applicant) The Body Corporate for Wichcombe Place (1st respondent) Ms. Kathryn Draper (2nd respondent) All owners (affected persons) Winchcombe Place CTS 15441 Body Corporate and Community Management Act 1997 (Qld) (Act), sections 227and 229(3)(a) Body Corporate and Community Management (Standard Module) Regulation 2020 (Standard Module) 1041-2021 14 September 2021 R Miskinis, Adjudicator 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 O'Neill [[2006] HCA 46](/cgi-bin/viewdoc/au/cases/cth/HCA/2006/46.html "View Case") Act, ss 276, 279. Standard Module, ss 164, 184

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

NUISANCE – whether the respondents are causing a nuisance or an unreasonable interference by using a security camera on their lot – whether the camera should be removed – COSTS – whether the applicant should be reimbursed for her application fees. Act, ss 167, 270, 280, 297, 298

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

Distribution of compensation proceeds, whether in accordance with Acquisition of Land Act 1967 (Qld). Acquisition of Land Act 1967 (Qld), ss12, 18; Standard Module, ss52(1)(d), 162(2).

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

BODY CORPORATE – whether the body corporate has acted reasonably. Act, s 94.

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

• The Owners – Strata Plan No 76700 owners corp
• Natalia Trentelman lot owner

The appellant was ordered to pay the respondent's costs of the unsuccessful application to extend time to appeal, with such costs to be paid from contributions levied on lots other than the respondent's lot.

ASSOCIATE – whether a candidate for election was an associate of a service contractor or letting agent; whether the body corporate elected an ineligible person to be a voting member of the committee. Act, ss 99, 309; Accommodation Module, s 11.

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 73.

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 73.

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

ADMINISTRATOR – whether appropriate to appoint an administrator, Act ss 278, 301 RECORDS – whether the body corporate has failed to comply with its obligation to provide access to records. Act s 205 MAINTENANCE OBLIGATIONS OF BODY CORPORATE - Standard Module s180 Surfers Palms North [[2007] QBCCMCmr 275](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2007/275.html "View Case") Surace v Commisso [2009] CCT KA002-09 Alessandra Place [[2011] QBCCMCmr 137](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2011/137.html "View Case")

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

GENERAL MEETING PROCEDURES – whether the body corporate can hold its annual general meeting outside the legislative time limit. Accommodation Module, s 73

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

GENERAL MEETING PROCEDURES – whether the body corporate can hold its annual general meeting outside the legislative time limit. Accommodation Module, s 73

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

NOTICE OF GENERAL MEETING – whether circumstances exist that warrant shortening the statutory time that notice of a general meeting must be given to owners. Act, ss 227, 229, 276; Accommodation Module, s 81

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 83 \_Body Corporate and Community Management (\_Standard Module) Regulation 2020

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

Costs; Owners Corporations

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

EMERGENCY – where plumbing failure causing property damage – where quotation is above the limit for committee spending – whether to order that committee spending is authorised. Act, s 243A; Standard Module, s 172(1)

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 enforced its by-laws in the way provided under the Act; whether the respondent has contravened a by-law; whether the body corporate has acted reasonably enforcing its by-laws. IMPROVEMENT – whether the respondent has made an improvement to common property for the benefit of the respondent’s lot. Act, ss 94, 100, 182; Standard Module, s 187.

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 erecting a mast climber within the applicant’s lot until it can be determined whether it is reasonably necessary and therefore a valid exercise of the body corporate’s power of entry. Act, ss 94(2), 163, 279(1).

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

• Yu Huang lot owner
• Cui'e Zhao lot owner
• The Owners of Strata Plan No 7632 owners corp

The Court of Appeal refused the applicants' leave to appeal, holding that the Supreme Court lacked jurisdiction to review the costs certificates and that the applicants' application to appeal the Local Court dismissal was out of time with no adequate explanation for the delay.

GENERAL MEETING MOTIONS – where the applicant disputes the decision of the body corporate not to pass certain motions and to pass other motions – whether the outcome of those motions should be reversed – whether the applicant disputes the decision of the chairperson to rule motions out of order – whether a new meeting should be called to consider those motions – COSTS – whether the application should be dismissed as frivolous, vexatious, misconceived or without substance – whether costs should be awarded to the respondent. Act, ss 94, 270

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

MAINTENANCE UNDER BUILDING FORMAT PLAN – whether an owner with a leaking shower recess is obliged to repair it in the specific way preferred by the body corporate’s insurer. Act, s 281; Small Scheme Module, s 130(2).

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

INTERIM ORDER – GENERAL MEETING – QUORUM – MOTION – RESOLUTION TYPE – where general meeting did not form a quorum by 30 minutes – where quorum formed later and meeting proceeded – whether meeting is invalid for not being adjourned after 30 minutes without a quorum – where applicant alleges lift works were an improvement that required a special resolution – where lift motion described as requiring an ordinary resolution – where motion passed with sufficient votes for a special resolution – whether to make interim order that resolutions not be acted upon until final determination. Act, s 279; Accommodation Module, ss 78, 90

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

Whether committee acted reasonably in refusing approval for pet dog “Pepper” to live in the scheme; whether body corporate should be required to permit Pepper to live in the scheme. Act, s 100(5)

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

GENERAL MEETING PROCEDURES – where the votes from 3 lots were excluded at the annual general meeting - whether the owners were financial – whether the votes could otherwise be excluded – whether there were defects in the conduct of the meeting - whether a motion which relied on the excluded votes should pass. Act, ss 113-115; Accommodation Module, ss 76, 91, 92, 99, 102

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

ELECTRICITY SUPPLY – where the body corporate has disconnected the applicant’s electricity pending a $3,000 and compliance with rules – whether the disconnection is within the power of the committee. Act, ss 94, 97

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

• Robert Roden lot owner
• The Owners – Strata Plan No. 55773 owners corp

The application to invalidate parts of By-Law 14 (Keeping an Animal) was dismissed as the applicant failed to establish that the by-law provisions were beyond power or harsh, unconscionable or oppressive.

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 73.

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 extend the time for the annual general meeting to be held – whether to declare the annual general meeting will be not be invalid for being held late Standard Module, s 83

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

COMMITTEE DECISION –– whether the committee acted reasonably - whether the committee should have issued by-law contravention notices in relation to the location of a water tank on the respondent’s lot whether the committee placed too much weight on irrelevant considerations and not on relevant issues. Act, ss 94(1), 94(2), 100(1), 100(5), 252E(5); 270 Accommodation Module 2020;

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

GENERAL MEETING – REASONABLENESS – where body corporate in general meeting defeated motion for approval for lot owner to keep a dog – whether body corporate acted unreasonably – whether to deem the motion passed Act, s 94(2)

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

Levy by body corporate for contributions- "offset" of levies owing by the second and third respondents to first respondent by payment of debt owing by the body corporate to a third party Re York Street Mezzanine Pty. Ltd. (in liq) (2007) 162 FCR 458 Equuscorp Pty. Ltd. V Glengallan Investments P/L. [[2004] HCA 55](/cgi-bin/viewdoc/au/cases/cth/HCA/2004/55.html "View Case"); (2004) 218 CLR 471 R v Inland Revenue Commissioners ex parte Rossminster [[1979] UKHL 5](http://www.bailii.org/uk/cases/UKHL/1979/5.html "View Case"); [[1980] AC 952](/cgi-bin/LawCite?cit=%5b1980%5d%20AC%20952 "View LawCiteRecord") Magman International P/L v Westpac Banking [[1991] FCA 41](/cgi-bin/viewdoc/au/cases/cth/FCA/1991/636.html "View Case"); (1991) 32 FCR 1 BUGT Act ss 32, 37, 38, 38A, 38B 73, 76, 77, 78.

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 was held more than three months after the end of financial year – whether to grant permission for the annual general meeting to be held late – whether to declare the annual general meeting was not invalid for being held late Standard Module, s 83

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

Whether opposition by lot owners to motion proposing grant of exclusive use of common property air space, requiring resolution without dissent, was unreasonable. Act, Schedule 5, Item 10

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

COMMITTEE RESOLUTION – where the committee passed three resolutions approving the installation of a CCTV system and subsequent components – whether the committee had the power to do so – COSTS – whether costs should be awarded. Act, ss 242, 280; Standard Module 2020, ss 52, 66, 172

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

GENERAL MEETING – whether a motion on the agenda of a general meeting is invalid. Act, s 104

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 O’Neill [[2006] HCA 46](/cgi-bin/viewdoc/au/cases/cth/HCA/2006/46.html "View Case") Act, ss 276, 279. Accommodation Module, ss 102, 142

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

GENERAL MEETING – whether a motion on the agenda of a general meeting is invalid. Act, s 104

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

BY-LAWS – whether by-laws breached –obligation of body corporate committee to act reasonably. Act, ss 94, 95, 227, 228, Aztec on Joyce [[2012] QBCCMCmr 490](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2012/490.html "View Case") Ilanah Aqua [[2015] QBCCMCmr 335](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2015/335.html "View Case")

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, 162(2).

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