Decisions table

Unauthorised use of/improvement to common property Act, ss 35, 59(2),152(1)(a); Commercial Module, ss 131, 134(1)

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

REIMBURSEMENT FOR REPAIRS – where the applicant alleges a leak in the common property roof caused damage to her lot – where she arranged for the roof and the ceilings and cornices of her lot to be repaired and sought reimbursement for the cost of the repairs – whether the body corporate should reimburse the applicant for the amounts incurred Act, ss 152, 227; Standard Module, s 180

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

Change of body corporate’s financial year\_. Act, ss 276, 283\_

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

Change of body corporate’s financial year Act, ss 276, 283

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

BY-LAWS – whether lot owner needed body corporate authorisation to install water pipes on common property – whether committee for body corporate acted reasonably when imposing conditions on approval – whether orders sought by the body corporate are warranted in the circumstances. Act, ss 94(2), 100(5); Standard Module, s 187

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

GENERAL MEETING PROCEDURES – where the body corporate passed a resolution to engage a contractor to undertake maintenance and painting works – whether the meeting and motion were valid. Act, ss 94, 106, 163; Standard Module, ss 85, 90, 114, 180, 187, 187, 192, 210, 212

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

AGM RESOLUTION; IMPROVEMENT TO COMMON PROPERTY – whether the body corporate acted unreasonably when resolving to install a roof access hatch on common property just outside the applicant’s lot. Act, ss 94(2), 163.

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

FIRST ANNUAL GENERAL MEETING – whether a first annual general meeting will be void because it will be held late. Standard Module, s 94.

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

BODY CORPORATE – whether the body corporate contravened its statutory maintenance duty, whether the applicant suffered damage to property because of a contravention of the Act. ONUS OF PROOF – STANDARD OF PROOF – EVIDENCE – where no direct evidence of fault or omission by the body corporate – whether evidence sufficient to satisfy adjudicator of body corporate liability\_‑\_ Act, ss 94, 152, 281

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, s283

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 passed resolutions to increase the scheme’s levies and to raise special levies – whether there are urgent circumstances to warrant granting an interim order to immediately halt the requirement for all owners to make payment of all levies Act, ss 94, 106, 110, 279

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. Act, s283

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

IMPROVEMENT TO COMMON PROPERTY – where an owner installed a fence and gate to common property – whether body corporate approval is required - whether the improvements are reasonably necessary for health, safety or security of persons using the common property Act, s 94; Specified Two-lot Schemes Module, ss 5, 35, 36

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; whether interim order should be granted to prevent entry into alternative caretaking service contract in the interim. Act, s 279; Accommodation Module, ss 88, 163

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

AGM RESOLUTIONS – whether several motions proposing expenditure on the engagement of various parties to perform work were invalid because they did not pass by special resoluton and did not offer members at least two tenders for the work. Act, ss 138, 151(1)(a), 158A, 163.

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

IMPROVEMENT TO A LOT – where the by-laws require body corporate approval for some alterations to a lot – where a request for approval was refused – whether the body corporate acted reasonably. Act, s 94(2)

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

CONTRIBUTION SCHEDULE LOT ENTITLEMENTS WHETHER CONTRIBUTION SCHEDULE LOT ENTITLEMENTS WERE ABLE TO BE ADJUSTED BY RESOLUTION WITHOUT DISSENT IN 2007

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

CONTRIBUTION SCHEDULE LOT ENTITLEMENTS WHETHER CONTRIBUTION SCHEDULE LOT ENTITLEMENTS WERE ABLE TO BE ADJUSTED BY RESOLUTION WITHOUT DISSENT IN 2007

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

IMPROVEMENT TO LOT – where the respondents wish to remove two internal kitchen walls from their lot, a by-law requires body corporate approval for structural alterations, and the body corporate has not approved the alteration; whether the respondents should be prevented from removing the walls until a determination is made as to whether body corporate approval is required because the walls are loadbearing. Act, s 279(1).

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

BY-LAW ENFORCEMENT – whether respondent lot owner breached by-laws by failing to get written approval to install an outdoor blind – whether body corporate acted reasonably in requiring removal of the unauthorised outdoor blind where blind does not meet certain colour specifications. Act, ss 94(2), 100(5)

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

APPLICATION FOR INTERIM ORDER – where motions relating to significant repairs to be undertaken at the scheme were considered at a recent extraordinary general meeting and passed – where the applicant was unable to vote on the motions and wants the resolutions set aside – whether there are urgent circumstances to warrant granting an interim order in this case Act, ss 152, 279; Standard Module, ss 162, 173, 180

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

BODY CORPORATE RECORDS – whether a lot owner has been, or should be, provided with copies of body corporate records as requested. Act, s 205; Standard Module, s 232.

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

GENERAL MEETING MOTIONS – where the body corporate purported to pass general meeting motions, particularly to record new by-laws – where a new community management statement was recorded including amended by-laws – whether the motions are valid – whether the new by-laws are valid. Act, ss 94, 100, 169, 180

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

ACOUSTICS BY-LAW – whether a by-law restricting hard flooring from being installed directly above a bedroom or requiring an LnTw of 52 or less is discriminatory, oppressive or unreasonable in breach of the Act RESONABLENESS – whether the committee’s decision to reject the hard flooring application was unreasonable Act, ss 62, 94, 169, 180

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.

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.

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.

Validity of committee resolutions, where application not made within 3 months of some committee resolutions being made – whether there is good reason to waive non-compliance with section 242; whether an invoiced amount constitutes a body corporate debt; whether there is jurisdiction to determine whether the amount can be invoiced to an owner; whether the invoiced amount should be removed from the accounts. Act, ss 150,162, 228(1)(b), 242, 274(1), 276; Accommodation Module, ss 37(2), 49(3)(a), 63(1)(a), 153(2), 156(1).

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. 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, s 279.

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

BODY CORPORATE PROPERTY – whether to order return of body corporate property by former body corporate manager Standard Module, s 235

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.

RECORDS – where the applicant seeks body corporate records –whether the body corporate has failed to comply with its statutory obligation to provide records – whether body corporate has acted reasonably. Act, ss 94(2), 100(5), 205

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

EMERGENCY EXPENDITURE – whether the circumstances give rise to a genuine emergency. Act, s 243A; Accommodation Module, s 162(1)(c)

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

MAINTENANCE – in building format plan – whether body corporate has failed to meet their obligations- obligation of body corporate to maintain INTERIM ORDERS - whether Adjudicator can be satisfied that an application raises a serious legal question and the balance of convenience between the parties justifies interim relief. Act ss 152, 227, 228, 276, 281; Accommodation Module\_,\_ s 170. Seiwa Pty Ltd v The Owners Strata Plan 35042 [](http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWSC/2006/1157.html "View Case")[[2006] NSWSC 1157](/cgi-bin/viewdoc/au/cases/nsw/NSWSC/2006/1157.html "View Case") MAGOG Pty Ltd v Body Corporate for the Moroccan [](http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QDC/2010/70.html "View Case")[[2010] QDC 70](/cgi-bin/viewdoc/au/cases/qld/QDC/2010/70.html "View Case") Klinger & Anor v Body Corporate for Costa D’Ora [](http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QDC/2007/300.html "View Case")[[2007] QDC 300.](/cgi-bin/viewdoc/au/cases/qld/QDC/2007/300.html "View Case") Ocean Resort Village [[2020] QBCCMCmr 579](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2020/579.html "View Case")

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

MAINTENANCE – where the body corporate did not pass a motion to undertake roofing works – where the body corporate has not otherwise repaired or replaced the roofs – whether the work is required - whether the motion should be deemed passed. Standard Module, s 180

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

Change of body corporate’s financial year. Act, ss 276, 283.

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

ANIMAL BY-LAW – whether a by-law requiring animals to be carried across areas of the common property inside the scheme’s building is oppressive or unreasonable Act, ss 62, 94, 169, 180(7)

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

GENERAL MEETING – AGM PROCEDURES – Whether a general meeting is invalid; Whether it is just and equitable in the circumstances to invalidate the election of the committee. Act, ss 99, 276. Body Corporate and Community Management (Standard Module) Regulation 2008 ss 88 - 91

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

MAINTENANCE – where the body corporate says the respondents have failed to remedy fire safety defects – whether orders for work to be undertaken and to meet associated costs are warranted. Act, ss 163, 167; Accommodation Module, ss 201, 202

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

Responsibility for rectification of damage to lot caused by water ingress. Act, ss 280, 281, 284; Standard Module, ss 180, 211

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

Whether the body corporate has a duty to maintain property; whether the body corporate has complied with a statutory maintenance duty. Act, s 152; Standard Module, ss 180, 211.

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

BY-LAWS – whether body corporate failing to take action reasonbly necessary to enforce the by-laws– whether the body corporate should enforce by-laws relating to parking on common property. IMPROVEMENTS – where body corporate proposes to authorise installation of new bin enclosure on common property GENERAL MEETING PROCEDURES – whether motion submitted to a general meeting is void; whether the resolution passed on the motion is void. Act\_, ss 94(2), 183\_; Commercial Module, s133

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

BODY CORPORATE PROPERTY – whether to order return of body corporate property by former body corporate manager Standard Module, s 235

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

UTILITY INFRASTRUCTURE / IMPROVEMENTS – where the respondent has carried out improvements to a drain, downpipes and fences on his lot – whether the body corporate should be permitted to enter the lot to inspect the work and rectify any defects if identified OTHER IMPROVEMENTS – where the respondent has made improvements to a pergola on his lot – whether the respondent should provide a copy of the building certification and make an application to the body corporate for approval of the pergola REIMBURSEMENT – whether the respondent should reimburse the body corporate the $210.51 it paid to him as part of a conciliation agreement Act, ss 20, 59, 163, 166; Standard Module, ss 180, 211

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

INTERIM ORDER – whether interim order is warranted. Act, s 279

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

INTERIM ORDER – where the body corporate has sought final orders regarding the conduct of the respondent, including alleged by-law breaches and nuisance – where urgent circumstances are alleged – where further investigations are required - whether an interim order is appropriate pending the final determination of the dispute. Act, s 279

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

ACCESS TO A LOT – whether the body corporate seeks access to a lot to repair a common property pipe – where access has not been given – whether orders are warranted. Act, s 163

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

MAINTENANCE – whether the body corporate 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), 100(5); Accommodation Module, s 170

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

INSURANCE EXCESS – where a water leak in a lot damaged the lot below – where the body corporate determined that the owner of the leaking lot was responsible for the insurance excess – where that owner has not paid the insurance excess – where the owner of the damaged lot is unable to proceed with repairs until the amount of the excess is paid - whether the body corporate should pay the excess. Act, ss 94(2), 100(5); Accommodation Module, ss 193

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

COMMUNITY MANAGEMENT STATEMENT; EXCLUSIVE USE BY-LAW – where the body corporate recorded a community management statement that allocated areas of common property for the exclusive use of two lots without the authorisation of the body corporate; whether a new community management statement should be recorded that removes that allocation. Act, s 62.

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