Decisions table

GENERAL MEETING MOTION – whether a motion should be invalidated.

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

COMMITTEE SPENDING – IMPROVEMENT TO COMMON PROPERTY – where committee passed motions to demolish parts of common property – where applicant sought order that the works not proceed unless body corporate passed a special resolution – where body corporate subsequently passed special resolution for the works – where applicant now says the works require a resolution without dissent – whether works require resolution without dissent – whether dispute still exists. Act, s 227; Standard Module, ss 172, 186

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.

INTERIM ORDER – Application for interim order– whether warranted in the 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.

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

MOTIONS FROM AN ANNUAL GENERAL MEETING – whether 10 motions submitted to the annual general meeting were invalid and should have been ruled out of order Act, ss 94(2), 149B; Accommodation Module, ss 79, 84(2), 163.

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. 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 a resolution to remove a tree prior to final orders because it would be unreasonable to remove the tree, the motion requires a special resolution because it is part of a program of improvements that exceed the ordinary resolution improvement range, or because the committee that resolved to submit the motion to a general meeting is invalid. Act, ss 94(2), 100(4), 279(1); Standard Module, ss 13(6), 186.

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

REASONABLENESS – where subsidiary body corporate resolved to instruct representative to vote in support of principal body corporate undertaking maintenance on PBC land to stop flooding acting SBC lot – where SBC owner says the works would only benefit one owner and the flooding is due to the other owner not siting constructing their residence properly, and the works should be funded by that owner as an improvement to common property – whether unreasonable for SBC to vote in favour of PBC undertaking and paying for the works. Act, s 100(5)

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

Resolution to grant licence over area of common property made by administrator exercising powers of body corporate – whether valid. Act, s 94

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 a resolution to remove a tree prior to final orders because it would be unreasonable to remove the tree, the motion requires a special resolution because it is part of a program of improvements that exceed the ordinary resolution improvement range, or because the committee that resolved to submit the motion to a general meeting is invalid. Act, ss 94(2), 100(4), 106, 279(1); Standard Module, ss 13(6), 186.

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

GENERAL MEETING – whether an annual general meeting was valid – whether the body corporate should be required to call a new annual general meeting – whether a motion purporting to require the change of use of a lot was valid. Act, ss 94, 95; Standard Module 2008, ss 64-76 and 80-97

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

BY-LAWS – whether there is a dispute between owners about a claimed contravention of a scheme by-law. NUISANCE – whether the respondent is subject to section 167 of the Act; whether the respondent could be found to have caused a nuisance or interfered unreasonably with an owner’s use and enjoyment of a lot. MAINTENANCE – whether an owner has satisfied the person’s statutory maintenance obligation. Act, ss 152, 167, 185; Accommodation Module, s 201

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.

RECORDS – whether records are protected by legal professional privilege – whether the records must be provided to the applicant. Act, s 205

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

GENERAL MEETING MOTION – where the applicant sought approval to install a chairlift on common property stairs – whether the motion was incorrectly ruled out of order – whether the motion should be deemed passed. Act, s 270(1)(d)

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. Act, s 279.

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.

EXPENDITURE – whether body corporate expenditure is being properly authorised; whether expenditure on items that did not appear in the last budget is permissible. Standard Module, ss 52(1)(f), 69(1)(a), 160, 162, 180(2)(a)(ii).

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.

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.

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

BY-LAWS –whether by-law that requires hard floors to achieve a weighted standardised impact sound pressure level of 45 or lower is invalid; whether committee has failed to act reasonably in enforcing by-law. Act, ss 94(2), 101(2), 180(7); Standard Module, ss 72, 73

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

GENERAL MEETING MOTION – where the body corporate resolved to extend the caretaking and letting agreements – where the committee did not provide previous legal advice it received to owners – whether the relevant motions were valid – whether there is good reason to waive the time limit for making the application. Act, ss 242, 270(1)(c), 297, 298

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

UTILITY SERVICE CHARGES – where the cost of the supply of water to the scheme has been charged based on contribution lot entitlements – whether the cost should have been charged based on usage. Act, ss 94, 95, 100, 195, 196

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

GENERAL MEETING – whether the committee gave proper notice of a motion it proposed to a general meeting; whether a motion is invalid because of the notice given of what was to be considered at the meeting. Act, ss 101, 276; Accommodation Module, ss 80, 162, 163.

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

BODY CORPORATE DEBT – whether an amount allegedly owed to the body corporate under a by-law that permits the body corporate to recover certain expenses from owners is a body corporate debt; whether the by-law is valid; whether the applicant can be prevented from voting, nominating someone for election to the committee, or standing for election to the committee; whether the dispute is a debt dispute and therefore beyond the jurisdiction of an adjudicator; whether the applicant is entitled to reimbursement of his application fee. Act, ss 180(1) & (6), 229A, 280; Small Schemes Module, ss 11, 50(2).

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

Whether interim order is necessary to prevent motion from being implemented, in the event it is passed at EGM. Act, ss 94(2) 279; Standard Module, s 98

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. DISPUTE – whether the outcome sought by the application is required. Act, ss 94, 182, 183, 270

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

MAINTENANCE – whether the respondent is responsible for maintaining its lot – whether it has failed to maintain its lot in good condition – whether orders are warranted. Accommodation Module, ss 170, 201

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

COMMITTEE RESOLUTIONS – whether motions passed by the committee outside a meeting were valid – GENERAL MEETING PROCEDURES – whether a general meeting was validly called – whether votes were validly cast at a general meeting. Act, s 100(5); Accommodation Module 2008, ss 53-4, 84-5, 149-51

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

IMPROVEMENT – where the respondents installed a new hot water system in a different location to the previous system – where the respondents did not have approval for the relocation – whether the respondents required body corporate approval - whether the installation is in breach of the by-laws. Standard Module 2020, s 193

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.

APPLICATION FOR INTERIM ORDERS – whether the body corporate should be prevented from executing an amended agreement with a service contractor until the validity of the authorising motion may be determined; whether a Form 20 ought to have been circulated to owners with the authorising motion. Act, s 279(1); Commercial Module, ss 30, 91.

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 respondents contravened a by-law; whether the body corporate has acted reasonably enforcing its by-laws. COMMON PROPERTY – whether the respondents made changes to common property with body corporate authorisation. BODY CORPORATE – whether the body corporate has acted in owners’ best interests; whether the body corporate has acted reasonably. Act, ss 94, 100, 182; Standard Module, ss 186, 187.

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

INTERIM ORDER – whether the circumstances warrant an interim order. UTILITY INFRASTRUCTURE – whether utility infrastructure is common property pursuant to section 20 of the Act.

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

NUISANCE – CONTRAVENTION OF SCHEME BY-LAWS CONTRAVENTION OF s.167 ACT, Act, ss 167, 182-188

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.

Sinking fund budget – whether set in accordance with legislation. Act, s 94(2); Standard Module, s 162(3)

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

MAINTENANCE – whether the principal body corporate or the subsidiary body corporate is the ‘body corporate’ responsible for roofing membranes within lots within a subsidiary scheme Act s 18; Standard Module, s180; Accommodation Module s170

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 three months after the end of its financial year. Accommodation Module, ss 72(1), 73.

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

ADMINISTRATOR – whether the body corporate is so dysfunctional that an administrator is required on an indefinite basis until the applicant sells her lot. REIMBURSEMENT FOR A DIVIDING FENCE – whether the body corporate must reimburse a neighbour half the cost of replacing a dilapidated dividing fence. Act, ss 4(a), 31, 311(1); Standard Module, ss 180(1); Neighbourhood Disputes (Dividing Fences and Trees) Act 2011, ss 28, 32, 35(1)(c).

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

INTERIM ORDER – whether interim orders are warranted.

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.

BY-LAWS – where body corporate passed motion to record new by-law concerning use of security access – where lot owner alleges the by-law is unreasonable – whether to invalidate by-law. Act, s 180(7)

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 the 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 44, 58

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

INTERIM ORDER – whether the circumstances warrant the making of an interim order; MAINTENCE – whether the common property garden should be maintained.

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 perform works to common property to reduce building movement that has caused cracking to external walls. Act, ss 10(2)(b), 20, 281; Standard Module, ss 180(1), 211(3); Land Title Act 1994, ss 48C, 49C(4).

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

EMERGENCY – SPENDING – where common property roof membrane is leaking and causing water ingress to apartment – where quotations for repairs exceed the relevant limit for committee spending – whether emergency exists to authorise committee spending without ordinary resolution. 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.

GENERAL MEETING – whether a resolution resulting from a motion authorising roof repairs should be voided- where quotes above the relevant limit for major spending – whether 2 quotations required to be presented to a general meeting Act, ss 94(2), 100(5), 101(2), 279(1); Small Schemes Module 2008 s 86, Schedule – Dictionary.

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