Decisions table

EMERGENCY EXPENDITURE – whether the body corporate should be permitted to exceed the relevant limit for committee spending without the authority of a general meeting resolution so it may replace the scheme’s hot water system; whether more frequent leaks and the risk of significant failure constitute emergency circumstances. Act, s 243A; Accommodation Module, ss 162, 163.

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

COMMITTEE – ELECTION – TIED BALLOT – where votes for last committee ordinary member position were tied between two candidates – where meeting decided to determine the result by a coin toss – where first coin toss was disputed and two more tosses were conducted to decide the outcome by best of three – where the applicant won first coin toss but lost the next two – where the other candidate was declared the winner – where there was no clear meeting decision whether to conduct only one or three tosses – where applicant seeks order to overturn the declared result\_‑\_ – whether result was decided in the way the meeting decided – whether just and equitable to make requested order Standard Module, s 39

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

Whether body corporate failed to act reasonably in not passing a motion to reimburse owner costs associated with termite damage to lot. Act, s 94; Standard Module, ss 180, 211(3)

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

REQUESTED EXTRAORDINARY GENERAL MEETING – where owners served notice on the committee to requested the committee to call an EGM – where the secretary disputed the validity of the requested EGM notice and did not call the requested EGM – where the caretaking service contractor as a non-voting committee member called the EGM because the secretary failed to call the EGM – whether the secretary’s decision that the notice was invalid thereby rendered it a nullity – whether a non-voting committee member is a committee member who may call a requested EGM which the secretary has failed to call – whether to make interim orders to stop the EGM or the implementation of any resolutions Act, s 279; Standard Module, ss 9, 12, 82, 84, 85

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

Responsibility for repair of damage to lot caused by backed up kitchen sink, where not all covered by insurance. Act, ss 20, 84(2), 280, 281; Standard Module, ss 180, 198

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

FIRST ANNUAL GENERAL MEETING – whether to make an order requiring the body corporate to call a general meeting and to deem it to be the first annual general meeting. Accommodation Module, s 84

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

BY-LAWS –enforcement of by-laws under the Act. Act, ss 59, 182, 184

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

FIRST ANNUAL GENERAL MEETING – whether to make an order requiring the body corporate to call a general meeting and to deem it to be the first annual general meeting. Standard Module, s 94

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

GENERAL MEETINGS – where the applicant objects to various matters relating to the conduct of general meetings, motions and meeting minutes – whether orders to invalidate motions, pass motions, invalidate an election, and invalidate a meeting notice and minutes are warranted. Act, ss 270(1)(c), 276, 323D, 323E; Standard Module, ss 10, 11, 13, 15-18, 21-39, 44, 45, 47, 48, 52, 84, 88, 93, 98, 113, 114, 117, 119, 156, 160-162, 172-177, 195-209

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

EXCLUSIVE USE – WHERE IMPROVEMENTS MADE TO EXCLUSIVE USE AREA- RATIFICATION Act, ss 159, 270, 276; Standard Module, ss 187, 193

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

PRINCIPAL BODY CORPORATE - SUPPLY OF SERVICES BY BODY CORPORATE - SECURITY SERVICES - Act, ss 158; Standard Module, ss 210.

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

Whether an interim order is necessary because of the nature or urgency of the circumstances to which the application relates. 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 acting further on a resolution to engage a service contractor until questions can be resolved about whether owners were given the terms of the engagement prior to voting and whether the engagement is contrary to a by-law; where the service contractor’s engagement has already been executed. Act, s 279(1); Accommodation Module, s 125(2)(c)(i).

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

Application for interim order to prevent disputed general meeting resolutions from being implemented – whether warranted in the circumstances. Act, ss 94(2), 279; Accommodation Module, ss 18(2)(b), 74

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.

FINANCIAL YEAR – whether to change the body corporate’s financial year. Act, s 283.

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

Whether a person should be appointed as administrator; whether the committee was properly composed; whether contributions levied on owners are unreasonable. Act, s 301; Accommodation Module, ss 10, 150.

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

RECORDS – whether the body corporate has failed to comply with an obligation to provide access to records. Act, s 205; Standard Module, ss 231-233

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

Whether a general meeting was properly called; whether proper notice was given of a general meeting; whether owners were entitled to vote at a general meeting. Accommodation Module, ss 49, 60, 150.

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 pending final orders from implementing a general meeting resolution that rescinded prior approval for an improvement to an exclusive use area; whether the resolution authorised the body corporate to remove the improvement. Act, ss 163, 279(1); Standard Module, s 116.

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

Resolutions unable to be implemented due to changed circumstances – whether orders required. Act, s 101(2); Standard Module, s 116

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

Whether emergency circumstances exist to warrant shortening the time notice of general meeting is given to owners. Act, ss 227, 229, 243A, 276; Accommodation Module s 81.

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.

MAINTENANCE UNDER BUILDING FORMAT PLAN – whether the body corporate must undertake repairs to the common property to address issues identified in a building inspection report obtained by a lot owner. INSURANCE – whether the body corporate’s insurance over the common property ought to cover damage caused by flooding. BUDGETS – whether the body corporate must obtain a sinking fund forecast. COMMITTEE RESOLUTIONS – whether a former committee validly resolved to pay for two titles searches; whether the body corporate must now make payment. MEETING PROCEDURES – whether the body corporate is conducting its meetings according to statutory requirements; whether it should be ordered to do so in future. BODY CORPORATE RECORDS – whether the body corporate can deny an owner access to body corporate records while the owner is pursuing legal proceedings against the body corporate. Act, ss 10(2)(b), 205, 281; Standard Module, ss 16(4), 55(3)(b), 64(2), 68, 71(2)(b), 160(3)(a), 180(1), 195, 197, 211(3), 232, 233; Body Corporate and Community Management (Standard Module) Regulation 2008, s 54(1); Land Title Act 1994, ss 48C, 49C(4).

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

REASONABLENESS – whether refusal of approval to keep an animal was unreasonable. Act, s 100(5)

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

BY-LAWS – whether a by-law is oppressive and/or unreasonable because it requires all pets to be carried, or conveyed in a container, over common property. Act, s 180(1)&(7). McKenzie v Body Corporate for Kings Row Centre [[2010] QCATA 57](/cgi-bin/viewdoc/au/cases/qld/QCATA/2010/57.html "View Case") Mineralogy Pty Ltd v “The Lakes Coolum” [[2002] QCA 550](/cgi-bin/viewdoc/au/cases/qld/QCA/2002/550.html "View Case") Body Corporate for River City Apartments v McGarvey [[2012] QCATA 47](/cgi-bin/viewdoc/au/cases/qld/QCATA/2012/47.html "View Case") Bayview Shores [[2014] QBCCMCmr 295](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2014/295.html "View Case") Trilogy [[2019] QBCCMCmr 286](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2019/286.html "View Case") Admiralty Towers II [](http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2019/567.html "View Case")[[2019] QBCCMCmr 567](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2019/567.html "View Case") Crystal Waters Permaculture Village & Ors v Boyle [[2020] QCATA 80](/cgi-bin/viewdoc/au/cases/qld/QCATA/2020/80.html "View Case")

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

Whether approval is required for installation of security cameras on common property. Act, ss 94(2), 167; Standard Module, s 187

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

IMPROVEMENT TO COMMON PROPERTY; BY-LAWS – whether a lot owner installed telecommunications equipment upon common property without body corporate approval; whether the installation was contrary to the regulation or by-laws; whether the owner should seek body corporate approval for the installation or remove it. Act, s 94(1)(a); Commercial Module, ss 133-134; Land Title Act 1994, s 115O(1).

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

POWER OF ATTORNEY – whether Original Owner exercised power of attorney only for a purposes disclosed in a written statement given to the buyer. Act, ss 211, 219

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

APPLICATION FOR AN INTERIM ORDER – whether the body corporate should be prevented from putting into effect a committee resolution restricting access to facilities accessed under a Shared Facilities Agreement– whether there is jurisdiction to determine the matter – whether the nature or urgency of the circumstances require an order to be made – whether there are serious questions of law and the balance of convenience favours interim orders. Act, ss 94(2), 276(1), 279(1). Commercial Module, ss 17, 22.

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

Whether the committee acted reasonably making a decision; whether the body corporate acted reasonably. Act, ss 94, 100.

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

COMMUNITY MANAGEMENT STATEMENT – where the community management statement includes incorrect references to lots in its exclusive use by-law – whether a new statement should be recorded to correct the errors. Act, s 62

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

MOTION TO TERMINATE CARETAKING AND MANAGEMENT AGREEMENT – REASONABLENESS - whether the body corporate should be prevented from putting into effect a resolution from an annual general meeting to terminate the caretaking and management agreement held by a company of which the applicants are directors – whether there is jurisdiction to determine the matter Act, ss 94(2), 149(B), 276(1), 279(1). S 101 Commercial Module Regulation 2020

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

GENERAL MEETING MOTION – whether the applicant proposed a motion to change by-law conditions applying to animals at the scheme – whether the motion did not pass – whether the decision should be overturned. Act, ss 94, 169, 180

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 94(2), 152, 281; Standard Module, ss 180, 211

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

INTERIM ORDER – whether to grant interim order. Act, s 279

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

Whether the body corporate has administered, managed and controlled common property reasonably and for the benefit of lot owners; whether the body corporate has maintained common property in good condition; whether the body corporate acted reasonably deciding a motion; whether to make an ancillary order. Act, ss 94, 152, 282; Commercial Module, s 127.

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

INTERIM ORDER – whether the interim order should be extended. Act, s 279

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

ONUS OF PROOF – STANDARD OF PROOF – EVIDENCE –connection of plumbing from within Lot 3 to the sewer line on the common property – whether wastewater pipe was previously connected to sewer line – 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.

EMERGENCY – GENERAL MEETING – NOTICE PERIOD – where body corporate proposes to call a general meeting to consider motions to engage lawyers to deal with application against it by building regulator – where body corporate considers it must brief lawyers without delay – whether to declare that a general meeting called on less than 21 days’ notice to consider motion to engage lawyers will be invalid. Act, s 243A; Standard Module, s 91

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

ACCESS TO INFRASTRUCTURE – where electrical infrastructure for the scheme is located on the lot occupied by the respondents – where the applicants’ lots have lost power supply – where access to the electrical infrastructure is sought to enable the restoration of power – whether the respondents should be required to provide access. Act, ss 20, 166, 243A

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

Whether the body corporate has complied with its statutory maintenance obligations; whether the body corporate has acted reasonably. Act, ss 94, 152; Small Schemes Module, s 99.

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

IMPROVEMENT TO EXCLUSIVE USE AREA – whether a screen installed in an exclusive use area required body corporate approval and in what form; whether the screen must be removed. Accommodation Module, ss 177, 183.

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

PROPERTY DAMAGE – whether the body corporate must repair water and mould damage to a lot, and pay reimbursement for unsalvageable personal property, after the lot was inundated during a storm and windows on a boundary between the lot and common property leaked for an extended period; whether the body corporate must pay the lot owner’s relocation expenses while the work is carried out. NUISANCE – whether a pump exhaust outlet on common property immediately adjacent to a lot is causing a nuisance by filling the lot with diesel fumes; whether the exhaust must be relocated by the body corporate. Act, ss 167, 281; Accommodation Module, s 170.

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

Whether owner made improvement to common property; whether owner contravened a body corporate by-law; whether the body corporate acted reasonably. Act, ss 59, 94, 182; Standard Module, s 187.

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

RECORDS – where the applicant seeks the body corporate roll in Excel format – whether the applicant had previously received a spreadsheet containing owner information – whether the body corporate holds the requested record - COSTS – whether costs should be awarded. Act, s 205

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

NUISANCE – ORDERS – where lot owner alleges nuisance by another occupier – where applicant seeks order that respondent comply with the legislation concerning nuisance – whether appropriate to make an order to comply with the law Act, s 276

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

Whether committee acted reasonably making a decision. Act, s 100(5)

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

BY-LAW CONTRAVENTION – whether the respondent has installed curtains in breach of the by-law. Act, ss 182-188

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

BY-LAW CONTRAVENTION – whether the respondents have installed curtains in breach of the by-law. Act, ss 182-188

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