Decisions table

APPLICATION FOR INTERIM ORDERS – whether the body corporate should be prevented from further spending on attempts to correct an unauthorised allocation of common property for the exclusive use of two lots pending a final decision as to whether a new community management statement must be recorded to correct the anomaly. Act, ss 62(2)&(3)(a), 94(1)(a), 279(1); Standard Module, ss 160, 162(2), 172.

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.

SAME ISSUE MOTIONS RULING MOTION OUT OF ORDER - WHETHER MOTION WAS IN CONFLICT WITH ACT, REGULATION OR BY-LAWS – whether otherwise void or unenforceable for another reason – where meeting not informed how ruling could be reversed. Act, Act, ss 276, 279. Accommodation Module, ss 79, 88

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

REASONABLENESS – where applicant lot owners enjoyed de facto exclusive use of garden areas adjacent to their lots – where body corporate defeated applicants’ motions for exclusive use and improvements to common property – whether decisions were unreasonable Act, s 94(2)

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

Whether the body corporate has acted to enforce a by-law; whether the body corporate has enforced a by-law in the way provided under the Act; whether the respondent contravened a by-law; whether the body corporate has acted reasonably enforcing a by-law. Act, ss 94, 100, 182, 183.

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

SPENDING – RECORDS – where services contractor apparently engaged without a committee or body corporate resolution – whether to make order to stop further engagement of contractor Act, s 276; Small Scheme Module, s 146

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

INTERIM ORDER – where committee passed resolution requiring owners to remove storage units from basement or face dispute resolution proceedings – whether circumstances warrant interim order‑ to stop implementation of resolution Act, s 276

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

Validity of CMS; validity of specific by-laws; application that is frivolous, vexatious, misconceived and without substance. Act, ss 62, 64, 94(2), 169, 171, 172, 180, 270; Standard Module, ss 52, 58

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

COMMUNITY MANAGEMENT STATEMENT – where body corporate failed to lodge a request to record a new CMS within the legislated 3 month period – where lot owner seeks order to extend the time for lodging the CMS – whether to make such an order Act, s 65

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

PROPERTY DAMAGE – whether an incorrectly installed air conditioner in a lot above caused water damage to a lot ceiling; whether the owner of the lot above should pay reimbursement for repairs to the ceiling; whether that owner should also reimburse the applicant’s conciliation and adjudication application fees. Act, ss 280, 281; Accommodation Module, s 201(3).

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

MAINTENANCE OF COMMON PROPERTY – whether a paved area of common property used by a lot for outdoor restaurant seating is in good condition; whether the body corporate must restore its condition. Accommodation Module, s 170(1).

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

IMPROVEMENT TO COMMON PROPERTY – where the occupier of a lot installed a freezer on an exclusive use area of common property - where the applicant sought approval for the installation – whether the body corporate failed to act reasonably in refusing approval – whether the freezer should be authorised. Act, s 94(2); Commercial Module, s 140

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

EMERGENCY – SPENDING – whether to make order to authorise spending by committee for an amount beyond its spending limit and without a body corporate resolution on the basis of emergency Act, s 243A; Standard Module, s 172(1)(c)

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

MEETING NOTICE – whether the body corporate can hold an extraordinary general meeting without 21 days’ notice. Act, s 276; Accommodation Module, s 81

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

BY-LAW ENFORCEMENT – where a by-law requires approval for renovations to a lot – where the respondents installed a security screen door without approval – whether the security screen door should be removed Act, ss 94, 182, 184

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. Standard Module, s 83

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

AGM RESOLUTION; MAINTENANCE – whether the body corporate may refuse to maintain a grease trap on common property, or deny access to it, if the owners who use it do not agree to pay its costs of operation; whether an AGM resolution that made use of the grease trap conditional upon entering into an agreement with the body corporate to pay a share of the grease trap’s costs of operation was valid. Act, ss 20(1), 35(1); Accommodation Module, ss 170(1)&(4), 200.

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

COMMUNICATION – where the applicant objects to the contents of a body corporate memorandum and newsletter – whether the body corporate breached the legislation – whether the communications should be retracted – COSTS – whether the body corporate should pay the application fees. Act, ss 94(2), 280; Schedule 1A

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

BY-LAWS; NUISANCE – whether an occupier is causing a nuisance or otherwise contravening a residential zone activity by-law by feeding wild birds. Act, s 96A(6).

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

Whether the body corporate may hold its AGM later than permitted by the Accommodation Module. Act, s 227; Accommodation Module, s 73.

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. Accommodation Module, s 224

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

General Meeting – whether resolution could fetter decision made at a general meeting several years later Restricted Issue – whether submission of a motion to a general meeting was a restricted issue for the committee Notice of General Meeting – material circulated by committee in support of motion – whether sufficient information provided Act, ss 94, 101; Accommodation Module, ss 11, 44, 58, 69, 76, 88, 106, 219 South Pacific Plaza [[2001] QBCCMCmr 255](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2001/255.html "View Case") Castaway Cove [[2006] QBCCMCmr 452](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2006/452.html "View Case") Palm Springs Residences v J Patterson Holdings P/L [](http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QDC/2008/300.html "View Case")[[2008] QDC 300](/cgi-bin/viewdoc/au/cases/qld/QDC/2008/300.html "View Case"), Batwing Resorts Pty Ltd v Body Corporate for Liberty [[2008] QCCT 23](http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QCCTBCCM/2008/23.html "View Case") Gold Coast Apartment Management P/L v Price [[2017] QCATA 99.](/cgi-bin/viewdoc/au/cases/qld/QCATA/2017/99.html "View Case")

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

Responsibility for cost of making core hole penetration fire compliant – whether interim order preventing body corporate from undertaking work and on-charging owner should be granted. Act, s 279; Accommodation Module, ss 170, 177

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

Whether the committee complied with a scheme by-law; whether a by-law authorises an owner to make a stated improvement to common property. Act, ss 94, 100, 170, 173; Standard Module, s 193.

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

Whether a motion had to be decided by resolution without dissent; whether there is good reason to waive noncompliance with the time limit prescribed in section 242 of the Act; whether it is just and equitable in the circumstances to make an order in the terms sought; whether it is appropriate to make an ancillary order. Act, ss 62, 171, 242, 276, 284.

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.

Whether unauthorised improvements to common property should be removed. Act, s 168; Standard Module, s 187

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.

ANIMAL BY-LAW – whether the applicant should be given approval to keep a dog at the scheme. Act, ss 94(2),100(5)

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

Whether the body corporate acted reasonably making a decision; whether the body corporate’s decision about a proposal by an owner to make improvements on or changes to common property was an unreasonable decision. Act, s 94, Schedule 5 s 17; Commercial Module, s 134.

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

IMPROVEMENTS TO COMMON PROPERTY – whether a new doorway and relocated air conditioning condenser are improvements to common property requiring body corporate approval; whether they were installed in contravention of the by-laws; whether various non-fixtures within and around an exclusive use area are improvements requiring body corporate approval; whether the correct exclusive use allocation is the 29m2 shown in an earlier community management statement or the 26m2 shown in the current one; whether the respondents must apply for general meeting approval for their improvements; whether they must remove the improvements if approval is not obtained. Accommodation Module, ss 177, 183, 202.

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

NUISANCE – BY-LAW – whether the respondent is causing a nuisance or is in breach of the noise by-law by virtue of the vinyl flooring installed in his lot – whether the flooring should be replaced. Act, s 167

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; Standard Module, s 91

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

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 contravened a by-law; whether the body corporate has acted reasonably enforcing its by-laws. Act, ss 94, 100, 182.

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 implement the recommendations of two engineers with respect to waterproofing and drainage works at the scheme, predominantly to lot balconies; whether the body corporate should be prevented from undertaking work thought to be at odds with those recommendations; whether the body corporate should be prevented from performing work within lot boundaries that is not associated with the repair or replacement of waterproof membranes but may prolong the life of the existing membranes; whether the body corporate must seek authorisation for the proposed works at a general meeting. Act, ss 94(1), 239C(2), 270(1)(e); Accommodation Module, ss 162-164, 170, 176, 201(3).

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

ADMINISTRATOR – whether an administrator should be appointed to ensure the body corporate’s compliance with orders relating to waterproofing and drainage. Act, s 270(1)(c).

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

REFEREE POWERS – whether Referee 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") BUGT Act ss 73, 76, 77

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

REFEREE POWERS – whether Referee 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") BUGT Act ss 73, 76, 77

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.

Whether body corporate failed to act reasonably in not carrying motions at AGM. Act, ss 94(2) 180(6)

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.

IMPROVEMENT TO COMMON PROPERTY – where the applicants sought approval to install a guard rail on their exclusive use car space –whether the committee failed to act reasonably in refusing approval. Act, ss 94(2), 100(5); Accommodation Module, s 183

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 resolution from a general meeting to terminate 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 the case advanced by the applicants. Act, ss 94(2), 149(B), 276(1), 279(1).

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

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. Act, s 227; Accommodation Module, s 73.

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 repair flashing in an exclusive use courtyard, a sliding door leading from the lot to the courtyard, and a waterproof membrane on an external wall beneath the courtyard to prevent further water ingress to the lot; whether the body corporate must repair water-damaged items within the lot; whether the body corporate must perform drainage works to common property surrounding the lot to reduce overland flows into the courtyard and lot. Act, ss 10(2), 281; Standard Module, ss 180, 187, 192, 211(3); Land Title Act 1994, ss 48C(1), 49C(4).

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

MAINTENANCE – in building format plan –whether the body corporate is responsible for the cost of repairs to a balcony which is part of a lot Act ss 152, 227, 228, 276, 281; Standard Module ss 180, 211, 187. Building Code of Australia, AS4654 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") 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") Amelia Place [[2010] QBCCMCmr 522](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2010/522.html "View Case") Les Colonnades [[2015] QBCCMCmr 173](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2015/173.html "View Case")

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

CONDITIONS OF APPROVAL FOR KEEPING PET – where applicant received approval to keep pet, where conditions of approval require pet to be carried or transported on common property, whether decision to refuse to waive requirement to comply with condition is unreasonable Act, ss 94(2), 100(5)

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

ANIMALS – where the applicant seeks additional conditions in animal agreements at the scheme – whether orders are warranted. Act, s 276

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

MEETING NOTICE – whether the body corporate can hold an extraordinary general meeting without 21 days’ notice. Act, s 276; Standard Module, s 91

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