Decisions table

BODY CORPORATE ASSETS – where a waterfront pathway traverses principal scheme common property, subsidiary scheme common property and subsidiary scheme lots – where the path is burdened by easements for pedestrian access - whether the path is a principal body corporate asset – whether the principal scheme is responsible for maintaining the path – whether a by-law relating to the responsibility for the path is valid. Act, ss 11, 44, 45, 59, 62, 94, 95, 97, 169, 180; Standard Module 2020, ss 180, 188, 189, 190, 191

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

IMPROVEMENT TO LOT – whether a by-law prohibiting external works to lots without committee approval goes beyond regulation and is therefore invalid; whether the committee acted unreasonably when refusing approval for a proposed extension to the applicants’ home within their lot boundaries given many other lots have been permitted to construct extensions. Act, ss 94(1)(b), 95(1), 100(5), 168(2), 169, 252E(5), by-law 8 of schedule 4; Standard Module, s 71.

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

COMMITTEE DECISION – whether the committee should have approved a structure to enclose the applicant’s lot – whether the committee did not act reasonably – whether the committee made a decision – whether the matter is a ‘restricted issue’ – whether the committee placed too much weight on irrelevant considerations and not on relevant issues. Act, ss 94(1), 94(2), 100(1), 100(5), 252E(5); Accommodation Module 2008, ss 42(1), 162, 167(3); Commercial Module 2008, s 3(3).

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. Standard Module, s 83.

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

NOTICE OF GENERAL MEETING – 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.

STANDING – whether the applicant is still a “relevant person” – whether another person should be substituted as the applicant – whether the matter should be dismissed Act, 227(1), 239C, 270(1)(e)

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

GENERAL MEETING CONVENING AND NOTICE PROCESS COMMITTEE MOTIONS FOR EGM EGM MEETING PROCESS COMMITTEE VOTING PROCESS PROXY VOTES FOR COMMITTEE ELECTIONS REQUEST FOR RECORDS. Schedule 1A to the Act Act, ss 101B, Accommodation Module 2020, ss 47, 48, 49, 60, 61, 79, 120

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

Whether owner owed a body corporate debt at time of AGM – debt dispute. Act, s 279A

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

ANIMAL BY-LAW – whether the body corporate has validly refused permission for the applicant to keep a dog in her lot – whether the applicant should be given approval for her dog. Act, ss 94(2), 100(5)

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

GENERAL MEETING – whether a general meeting was validly called – whether motions were validly passed – ROLL – whether committee and owner details are correct. Act, ss 94(2), 270(1)(c); Standard Module 2020, ss 82, 86, 88, 91, 101, 135, 187, 223, 224; Standard Module 2008, s 72

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.

DECLARATORY ORDER – ANNUAL GENERAL MEETING – where annual general meeting to be held more than three months after the end of the financial year – whether to consent to the AGM being held late Accommodation Module, s 73

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

DECLARATORY ORDER – ANNUAL GENERAL MEETING – where annual general meeting to be held more than three months after end of financial year – whether to make an order that permits the AGM to be held late – whether to declare that the AGM will be not be invalid for being held late Standard Module, s 83

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

ADMINISTRATOR – whether an administrator should be appointed. Act, ss 278, 301

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

BY-LAWS – whether the noise emanating from the respondent’s lot contravenes the by-laws; whether the respondent should be ordered to comply with former by-laws relating to noise and the behaviour of invitees. Act, ss 59(2)(a), 167.

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

EASEMENTS – whether the electricity meters within the respondent’s lot are subject to an easement in favour of the other lots; whether the easement gives the other owners the right to enter the respondent’s lot to read their meters. Act, ss 20(1), 331(3)(b); Standard Module, s 187; Building Units and Group Titles Act 1980, ss 17, 18.

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

MAINTENANCE – major works to the roof and ancillary repairs costing over $3 million GENERAL MEETING – whether the committee did not act reasonably in its pre-meeting processes regarding the roofing project – whether the committee misled owners MULTIPLE OTHER ORDERS – calling a new general meeting; new tender process for contractors; new motions for finance options; and others STANDING – whether the applicants are still a “relevant person” COSTS – whether costs should be awarded, relevant considerations Act, ss 94(1)&(2), 100(5), 227(1), 239C, 270; Accommodation Module 2008, ss 148(2)&(3)

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

ANNUAL GENERAL MEETING – whether a late AGM will be invalid. Accommodation Module, s 73.

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

Whether interim order allowing dog onto scheme should be granted. Act, ss 94(2), 279

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

ANNUAL GENERAL MEETING – whether a declaration should be made that if the body corporate holds its AGM outside the prescribed legislative time frame, the meeting will not necessarily be invalid. Act, ss 2, 4, 276(1); Accommodation Module, s 73.

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

GENERAL MEETING PROCEDURES – whether the body corporate should be authorised to 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.

GENERAL MEETING MOTION – where motions proposed to record a new community management statement to reallocate areas of common property for exclusive use - where the motion failed to achieve a resolution without dissent – where the dissenting voters now support the motions – whether the motion should be deemed to have passed. Act, ss 171, 270(1)(d), 276

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

DECLARATORY ORDER – ANNUAL GENERAL MEETING – where annual general meeting to be held more than three months after end of financial year – whether to declare that annual general meeting will be not be invalid for being held late Accommodation Module s 73

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

VALIDITY OF EGM RESOLUTION AND/ OR RESOLUTIONS OF THE EGM- whether resolutions to engage legal firm to undertake legal work were valid – where work had already been undertaken. INTERIM ORDER – Application for interim order– whether warranted in 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, s 279;

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.

POWER OF ADJUDICATOR TO MAKE ORDERS- Section 276 Body Corporate and Community Management Act 1997 WHEN ANNUAL GENERAL MEETING MUST BE CALLED –section 73 Body Corporate and Community Management (Accommodation Module) Regulation 2020

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

ANNUAL GENERAL MEETING – whether to extend the time for holding an annual general meeting. Act, s 104; Standard Module, s 83.

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

Whether body corporate acted unreasonably in making decision to refuse applicant permission to install air-conditioning compressor on common property Act, ss 35, 68, 94(2), 152; 2008 Standard Module, s 164, Land Title Act (Qld) 1994, s 115O

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

ANNUAL GENERAL MEETING – whether the body corporate is permitted to hold its AGM more than 3 months after the end of the scheme’s financial year. Act, s 104; Commercial Module, s 40.

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

EMERGENCY – GENERAL MEETING – NOTICE – where body corporate has been issued notices by QFES to rectify non-compliant common property – where committee seeks authority to call EGM on shortened notice in order to meet QFES notice deadline to commence works. Act, s 243A; Accommodation Module, s 81

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

ADMINISTRATOR – whether an administrator should be appointed – who should be appointed, with what powers, and for how long. Act, ss 276, 278, 301

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

APPLICATION FOR INTERIM ORDER – whether the body corporate should be prevented from carrying out any further waterproofing or drainage works, predominantly to the balconies of lots, until a final determination can be made as to whether the work adequately meets the body corporate’s maintenance responsibilities, whether some of it should be done by lot owners, whether it requires general meeting approval, and whether it ought to be funded from the sinking fund. Act, ss 20, 94(2), 100(5), 279; Accommodation Module, ss 159, 162, 170, 201.

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.

GENERAL MEETING PROCEDURES – whether the body corporate should be authorised to 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.

ANNUAL GENERAL MEETING – whether a declaration should be made that if the body corporate holds its AGM outside the prescribed legislative time frame, the meeting will not necessarily be invalid. Act, ss 2, 4, 276(1); Accommodation Module, s 73.

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

AGM PROCEDURES & RESOLUTIONS – whether an AGM was invalid because there was no committee resolution to call it or set the agenda; - whether various motions should have been included on the agenda – where motions not submitted by the committee or lot owners MAINTENANCE – responsibility for maintenance under a building format plan Act, s 97; Accommodation Module ss 72, 76, 83

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

DISPUTE – whether the claimed dispute is about matters other than the respondent not signing a development application under the Planning Act 2016; whether the applicant had to seek body corporate authorisation under the Act before making modifications to common property; whether the applicant sought body corporate authorisation under the Act; whether informal communications between the applicant and the respondent satisfied the requirements of the Act; whether there is a dispute to be resolved about a claimed or anticipated contravention of the Act or the scheme’s community management statement, or about the exercise of rights or powers, or the performance of duties, under the Act or the CMS. Act, ss 94, 170, 171; Standard Module, ss 184, 187.

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. Standard Module, s 83.

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

COMMITTEE DECISION – whether the committee did not act reasonably when it proposed a motion to the annual general meeting to install speed humps in the scheme’s driveway – whether the body corporate properly administered the common property SPEED HUMPS – whether speed humps installed on common property should be removed. DISABLITY – whether claims the applicant was treated differently to other occupants because of her back disability – relevance of Disability Discrimination Act 1992 (Cth). Act, ss 94, 100(5), 152, 252E(5); Disability Discrimination Act 1992 (Cth), ss 4(1), 5, 11.

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

Retaining wall – responsibility for cost of replacement. Standard Module , ss 180, 192.

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

Whether body corporate spending can be from the sinking fund; whether the body corporate has maintained common property in good condition; whether works approved by the body corporate are maintenance of common property or improvements to common property. Act, ss 94, 150, 152.

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 authorised to exceed its spending limit without the authority of an ordinary resolution to repair structural and waterproofing damage to a lot that has caused hazardous mould in a neighbouring lot. Act, ss 243A(1)(a); Standard Module, ss 91, 172, 173.

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

APPLICATION FOR AN INTERIM ORDER – MOTIONS FROM AN ANNUAL GENERAL MEETING – whether the respondent should be prevented from acting on 5 motions from the annual general meeting – spending limits – whether there are serious questions of law and the balance of convenience falls in favour of the applicants – whether the nature or urgency of the circumstances require an order to be made. . Accommodation Module, ss 163, 186(2).

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

DECLARATORY ORDER – ANNUAL GENERAL MEETING – where annual general meeting to be held more than three months after end of financial year – whether to declare that annual general meeting will be not be invalid for being held late Accommodation Module, s 73

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

Permission to hold AGM outside of legislative time frame\_.\_ Accommodation Module, s 73

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

Validity of EGM RESOLUTIONS– whether resolutions to undertake repairs to exterior of lots are valid. MAINTENANCE – Standard Format Plan of subdivision Standard Module, ss 180, 211 INTERIM ORDER – Application for interim order– whether warranted in 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, s 279;

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

ANNUAL GENERAL MEETING – whether a declaration should be made that if the body corporate holds its AGM outside the prescribed legislative time frame, the meeting will not necessarily be invalid. Act, ss 2, 4, 276(1); Accommodation Module, s 73.

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.

APPLICATION FOR AN INTERIM ORDER – MOTIONS FROM AN ANNUAL GENERAL MEETING – whether the respondent should be prevented from acting on 10 motions from the annual general meeting – whether there are serious questions of law and the balance of convenience falls in favour of the applicants – whether the nature or urgency of the circumstances require an order to be made. . Act, ss 94(2); Accommodation Module, ss 112(2)(a), 129(2), 138(2).

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

ALTERATION TO A LOT – where a by-law requires body corporate approval for changes to the appearance of a lot - where the respondent installed grey tiles on her terrace without body corporate approval – whether the respondent breached the by-law – whether the tiles should be replaced. Act, s 94

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