Decisions table

Utility infrastructure – where a drain located on common property is blocked – whether the drain is a body corporate responsibility to maintain – whether the committee’s decision to refuse reimbursement to unblock the drain was unreasonable. Act, ss 20, 94(2); Accommodation Module, ss 170(4)

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

BODY CORPORATE RECORDS – whether the body corporate must provide in-person inspection of records – whether records available on demand via a digital platform is the body corporate giving copies. Act, s 250

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

BY-LAWS / REASONABLENESS – where the applicant alleges residents at the scheme are parking in contravention of the scheme’s vehicle by-law – whether an order that the body corporate enforce the by-law is warranted in the circumstances. Act, ss 31, 59, 94, 100, 185

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

BY-LAWS – whether noise amounts to unreasonable interference –applicant’s obligation to prove application – limited evidence of material impact Act, ss 59, 94, 167, 180

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

MAINTENANCE/PROPERTY DAMAGE – where the applicant alleges the respondent failed to maintain his lot and this led to the applicant’s lot sustaining water damage and requiring repairs – whether the respondent should be ordered to reimburse the applicant for the repairs. Act, ss 20, 252E(5); Accommodation Module, ss 170, 201

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

EMERGENCY EXPENDITURE– whether the body corporate committee should be granted permission to undertake emergency expenditure Act, s243A; Accommodation Module, ss 162, 187, 188

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

ANIMAL BY-LAW – where a by-law requires body corporate approval to keep pets at the scheme; where approval for one cat was granted and subsequently rescinded due to breaches of the committee’s conditions of approval, and approval for a second cat was never granted; whether the respondent must comply with the conditions of approval or remove her cats from the scheme. Act, ss 59(2)(b), 94.

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

BODY CORPORATE PROPERTY – whether the body corporate has an obligation to provide occupier with keys to common property doors at no cost; whether the body corporate acted unreasonably. Act, ss94, 270

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

INTERIM ORDERS – where affected persons have made a request that interim orders are cancelled, whether adjudicator has jurisdiction and remains satisfied interim orders are warranted. Act, ss 94(2), 279

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 94(1), 100(5), 279 Standard Module, s 180.

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

INTERIM ORDER – where body corporate resolved to carry out works to common property – where applicant challenges validity of the decision – whether interim order should be granted in the circumstances. Act, s279(1)

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

MOTION – BODY CORPORATE MANAGER – where a motion to engage a body corporate manager did not provide two or more tenders – whether two or more tenders are required by the BUGT Act for a motion to engage a body corporate manager – where the schedule of fees and charges in the executed body corporate manager agreement was varied from the proposed agreement, but apparently in favour of the body corporate – whether to declare the resolution to adopt the agreement was invalid GENERAL MEETING – VOTING – where voting papers were invited and accepted by email – whether emailed votes may be valid under the legislation – whether an ordinary resolution is required to authorise voting by email GENERAL MEETING – QUORUM – where a general meeting proceeded allegedly without a quorum – whether to order that the motion decided at the meeting is void GENERAL MEETING – VOTING – CONFLICT OF INTEREST – where committee member who proposed a motion to engage a body corporate manager voted on the motion – whether there was a conflict of interest GENERAL MEETING – VOTING – CONFLICT OF INTEREST – where body corporate manager ran a general meeting and counted votes on a motion to engage them – whether there was a conflict of interest Act, ss 47(1), 50; Schedule 2, Part 2, ss 3 and 5

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

BY-LAWS – where the applicant alleges the respondent is parking on the common property without approval – where the applicant alleges invitees of the respondent are parking on the common property without approval – whether this amounts to a contravention of the by-laws – whether orders are warranted. Act, ss 185, 280.

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

ANIMAL BY-LAW – whether an order should be made requiring the removal of dogs from a lot. Act, s 270(1)(e).

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

BY-LAWS; REASONABLENESS – whether a by-law prohibiting short-term and holiday letting is invalid and should be removed from the community management statement; whether the body corporate acted unreasonably when refusing to consent to an owner’s application to the local government for a material change of use to allow short-term letting. Act, ss 94(2), 100(5), 180(3)&(4).

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

BODY CORPORATE RECORDS – whether the ability to access a body corporate’s financial institution account is a record – whether financial reports that have not been created are body corporate records – where body corporate otherwise failed to permit applicant to inspect body corporate records – whether application appears to be frivolous, vexatious, misconceived, or without substance. Act, ss 205, 270.

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

CHANGE OF FINANCIAL YEAR – whether an order should be made to change the body corporate’s financial year end date. Act, s 283

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

BY-LAWS – whether installation of a granny flat variation to external appearance – where lot owner directed to architectural review committee in error – role of the body corporate and its committee. Act, ss 94, 97, 100

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 94(1), 100(5), 279 Standard Module, s 180.

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

FINANCIAL MANAGEMENT – whether the sale of removed fixtures from the common property was actioned on behalf of the body corporate or individuals in their private capacity – whether money was given to the body corporate or individuals in their private capacity. Act, ss 150, 270(1)(c); Accommodation Module, ss 157, 180.

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

REIMBURSEMENT FROM BODY CORPORATE – where the body corporate invoiced an owner for a charge levied by the Queensland Fire and Emergency Services for an unwanted smoke alarm activation in the owner’s lot – where the owner paid the invoice yet disputes the body corporate’s power to recover the money - whether the body corporate must reimburse the owner.

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

GENERAL MEETING MOTION – where a motion to reimburse the owner of Lot 2 for works he carried out at the scheme was considered at an extraordinary general meeting and passed – where the applicant submits the body corporate’s decision to pass the motion was unlawful and unreasonable – whether the orders sought by the applicant are warranted in the circumstances. Act, ss 94, 152, 270, 280, 281; Accommodation Module, ss 163, 176, 170, 201

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

WHERE VOTING RIGHTS IMPROPERLY DENIED – section 92 Act Order that may be made by a Referee in such circumstances. Power of Referee to declare purported Resolution to be a nullity. Extension of time to apply for order under section 92(2) Act Building Units and Group Titles Act 1980 ss 73, 76, 77, 92.

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

COMMUNITY MANAGEMENT STATEMENT; EXCLUSIVE USE; GENERAL MEETING RESOLUTION – where a new community management statement was recorded to correct errors in the existing statement with respect to the allocation of exclusive use parking spaces on common property – whether the new statement is invalid because the motion to record it was not passed by resolution without dissent, the statement did not include an explanation of the lot entitlements in effect at the scheme, or the exclusive use parking arrangements in the statement are inequitable – whether the applicant should be allocated a new undercover exclusive use parking space or the body corporate should convene a general meeting to consider it. Act, ss 62, 66(1)(db), 171(2)(b), 270, 280, 339; Standard Module, s 84.

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

EGM RESOLUTION striking SPECIAL CONTRIBUTION – whether valid. Act, s 150; Accommodation Module, ss 89(3)(b), 106, 150(1), 152(2), 163

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

BY-LAWS – whether an owner has created noise in breach of a by-law Act, ss 167, 184

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

BY-LAWS – determining applicable by-laws for the scheme – whether hanging washing and parking in shared driveway a contravention of the by-laws – whether lot owner must take reasonable steps to ensure invitees do not interfere with lawful use of common property – whether the respondent has contravened the by-laws – whether orders are warranted. Act, ss 94, 280, 339

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

MAINTENANCE – REIMBURSEMENT – whether the body corporate was liable for various claimed maintenance failures – whether the applicant sufficiently evidenced claimed expenses for attending to maintenance from an admitted body corporate maintenance failure Act, s 94; Standard Module, s 180

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

IMPROVEMENT TO COMMON PROPERTY – where the respondents painted the exterior of their side of the building in a different colour – whether the painting was agreed to – required standard for decision-making by a body corporate. Small Schemes Module, ss 106, 112

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

GENERAL MEETING MOTION – whether decision to not pass a motion at a general meeting was unreasonable – whether order giving effect to the motion should be made – change in liability for supply of utility service Act, ss 94, 196; Standard Module, s 210.

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

BY-LAWS – parties to the dispute – whether the respondent has parked vehicles on common property visitor parking spaces in breach of the by-law – whether orders are warranted. Act, ss 94, 184-6

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

MAINTENANCE / PROPERTY DAMAGE – where the applicant alleges a leak in the common property roof caused damage to her lot and a loss of rental income – whether the body corporate should reimburse the applicant for the expenses she incurred and carry out further repairs to the applicant’s lot Act, ss 152, 276, 281; Small Schemes Module, ss 99

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

BY-LAWS - MAINTENANCE – whether the respondent must repair a broken window in their lot. Accommodation Module, ss 170, 201, 202

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

IMPROVEMENTS – where owner has installed fence on common property - whether body corporate approval had been obtained – whether by-laws have been breached – whether approval requires ordinary resolution – whether installation of the fence amounts to a disposition of common property. Act, s184; Standard Module, ss 184(2),187

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

EXCLUSIVE USE BY-LAW – whether a motion requiring a resolution without dissent failed to pass because of opposition that was unreasonable. Act, ss 62, 170, 171, 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.

APPLICATION FOR INTERIM ORDER – where the body corporate has imposed entry and exit access conditions on the applicant’s pet approval – where the applicant argues the entry and exit conditions are oppressive and unreasonable – whether the circumstances warrant granting an interim order in this case. Act, ss 94, 100

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

INTERIM ORDERS – whether interim orders are warranted. Act, ss 94(2), 279

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

GENERAL MEETING PROCEDURE – GENERAL MEETING MOTIONS – whether the original owner held powers of attorney for owners – whether a general meeting called by the representative of the original owner was valid – whether motions were valid – COMMITTEE MOTIONS – whether the representative of the original owner constituted the committee – whether motions passed by the representative of the original owner were valid – BODY CORPORATE DEBT – whether levies were waived – whether an order can be made about a debt. Act, 96, 211, 229A; Standard Module, 9, 13, 52, 91, 94, 101, 162, 224

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

MOTION to enter into new caretaking service contract – whether ruled out of order incorrectly; whether resolved. Act, ss 101, 108; Accommodation Module, ss 79, 88, 91, 106, 125, 147, 163

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

IMPROVEMENT TO COMMON PROPERTY – where the respondent painted the exterior of their side of the building in a different colour – whether the painting was agreed to – required standard for decision-making by a body corporate. Small Schemes Module, ss 106, 112

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 to the applicant. Act, s 205; Accommodation Module, ss 220, 222

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

BODY CORPORATE PROPERTY – whether the body corporate has validly requested the return of body corporate property - whether the respondent has failed to comply with the request – whether control of the bank account should be transferred. Accommodation Module, s 224

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

MAINTENANCE – BY-LAWS – whether the respondent is breaching the regulations or the by-laws in regard to the cleaning and maintenance of his lot. Act, ss 167, 181-188; Accommodation Module, s 201

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

EMERGENCY ORDER. Act, s 243A

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

EMERGENCY ORDER. Act, s 243A

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.

APPLICATION FOR INTERIM ORDERS – whether the body corporate should be prevented from implementing resolution to proceed with painting works. Act, s279

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

MAINTENANCE – where there are building defects affecting the applicant’s lot – whether . COSTS – where the respondent failed to participate in conciliation – whether costs should be awarded. Act, ss 280; Standard Module, s 180

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

CONSENT ORDER – whether an order should be made by consent. Act, ss 252J, 270(1)(b), 276(5)

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