Decisions table

Permission to hold AGM outside of legislative time frame\_. Standard Module, ss 66, 69.\_

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 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.

APPLICATION FOR INTERIM ORDER – whether the proposed works have been properly authorised by the body corporate; whether the body corporate should be prevented from proceeding with works pending final orders. whether an interim order is warranted in the circumstances. Act, ss 227, 228, 276, 279; Accommodation Module, ss149, 150.

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.

GENERAL MEETING – whether a voting result may be changed after the meeting – whether a conspiracy existed to produce a particular voting outcome – whether a body corporate manager acted with bias in favour of some lot owners. Act, ss 269(3)(b), 269(3)(c); Standard Module, ss 69, 76(2)(iii), 73(1)(a), 93(1), 93(2), 93(3), 96(1), 114(1), 114(2).

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 circumstances\_.\_ SDW2 Pty Ltd v JLF Corporation Pty Ltd [[2017] QSC 001](/cgi-bin/LawCite?cit=%5b2017%5d%20QSC%20001 "View LawCiteRecord") ABC v Lenah Game Meats (2001) 208 CLR 199 Act, s 279

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

COMMITTEE – PET – REASONABLENESS – where committee refused application to keep a cat – where reason given is that scheme is “pet free” – where applicant alleges decision was unreasonable – whether to make interim order to allow cat to be kept pending final determination. Act, s 94(2); 100(5)

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 paying third parties to complete tasks that the caretaker is obliged to complete pursuant to the terms of its engagement. Act, ss 94, 101B, 279; Standard Module, ss 114, 159(1).

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

BODY CORPORATE – whether the body corporate has complied with its statutory maintenance duty; whether the body corporate has acted reasonably; whether the body corporate has made a relevant decision; whether the body corporate has to be ordered to act; whether the body corporate should reimburse the applicant for application fees paid. Act, s 94; Standard Module, s 159.

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

BODY CORPORATE – whether the body corporate has complied with its statutory maintenance duty; whether the body corporate has acted reasonably; whether the body corporate has made a relevant decision; whether the body corporate has to be ordered to act. Act, ss 94, 100; Standard Module, s 159.

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

Application for emergency expenditure – whether circumstances constitute an “emergency”. Standard Module, s 151(1)(c).

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.

FINANCIAL YEAR – whether the financial year end date for the body corporate should be changed. Act, s 227, 228, 276, 283, 284(1), Schedule 5.

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

GENERAL MEETING – whether a notice requesting an extraordinary general meeting was valid – whether the meeting was validly called – whether the motions purportedly passed at the meeting were valid – whether the meeting should have been cancelled. Act, ss 269(3)(b), 269(3(c); Standard Module, ss 65, 67, 68.

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 is responsible for the maintenance of a revetment wall within lot boundaries that stabilises a batter slope and the structures upon it. Act, s 270; Standard Module, ss 159(2)(b), 173(3)(b).

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

COMMITTEE ELIGIBILITY – where the applicant claims that a committee member is associated with the caretaking service contractor – whether the committee member is ineligible to be a voting member of the committee. Act, s 309; Accommodation Module, s 11(2)(b)

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

MAINTENANCE – where the applicant has experienced water ingress – where the applicant seeks repairs to her windows, interior water damage, and her balcony – whether the body corporate is liable for the damage. Act, s 281; Standard Module, s 159

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

JURISDICTION – whether I have jurisdiction to order the body corporate to reimburse an owner for penalty interest, recovery costs, and lost on-time payment discounts. Act, s 229A; Accommodation Module, s 143.

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

INTERIM ORDER – where an applicant has sought a variation to the interim order previously made – whether a variation is warranted. Act, s 279

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

MAINTENANCE – obligation of body corporate to maintain roofing membranes, roofing structures and structural components in scheme created under a building format plan of subdivision. Section 152, 160 and 276 of the Body Corporate and Community Management Act 1997 (Qld). Sections 159 and 170 of the Body Corporate and Community Management (Standard Module) Regulation 2008.

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

MAINTENANCE – where the applicants have pools within their lots – where one side of the pool, which is glass, is on the boundary between the lots and common property – whether the body corporate is responsible for the maintenance of the pool glass. Accommodation Module, ss 157, 168

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

GENERAL MEETING RESOLUTIONS – whether motions to adopt administrative and sinking fund budgets may be passed or rescinded at an extraordinary general meeting; whether the body corporate could validly ratify the engagement of gardeners without being notified that the gardeners had already completed the work and been paid for it; whether the body corporate could reasonably refuse to pass a motion to compel committee members to complete training on body corporate law and practice. Act, ss 94, 95(1); Accommodation Module, ss 71(3), 93, 137-139.

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

AGM RESOLUTIONS – whether a motion to grant a lease over an area of common property failed to achieve a special resolution because two written votes in favour were submitted to the body corporate manager instead of the committee secretary. Act, ss 106, 119; Accommodation Module, ss 84(2)(b), 159(2)(b).

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

Building Format Plan – responsibility for repairs and maintenance of windows located in a boundary wall separating a lot from common property. Standard Module, ss 139, 141, 159. Seiwa Pty Ltd v Owners Strata Plan 35042 [[2006] NSWSC 1157](/cgi-bin/viewdoc/au/cases/nsw/NSWSC/2006/1157.html "View Case") Magog (No.15) Pty Ltd v Body Corporate the Moroccan [[2010] QDC 70](/cgi-bin/viewdoc/au/cases/qld/QDC/2010/70.html "View Case")

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

GENERAL MEETING – whether a resolution purportedly passed at a general meeting contravened the Act. Act, s 104; Standard Module, ss 81, 87, 94

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

BY-LAWS – where the respondent was given committee approval to install louvre blinds on the balcony of her lot – where the respondent subsequently installed bifold metal shutters – where a general meeting did not approve the shutters – whether the respondent should be required to remove the shutters. Act, ss 94(2), 100(5)

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 circumstances\_.\_ SDW2 Pty Ltd v JLF Corporation Pty Ltd [[2017] QSC 001](/cgi-bin/LawCite?cit=%5b2017%5d%20QSC%20001 "View LawCiteRecord") ABC v Lenah Game Meats (2001) 208 CLR 199 Act, s 279

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

GENERAL MEETING RESOLUTION – where the body corporate resolved to pay a committee member for his time in managing a project – whether the motion was valid – whether the body corporate acted reasonably in passing the motion. Act, ss 194(2), 270; Standard Module, ss 42, 43, 151, 152

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

COMMITTEE – whether to remove members from the committee; whether the committee acted reasonably making a decision. ADMINISTRATOR – whether to appoint a person as administrator. BODY CORPORATE – whether the body corporate acted reasonably; whether to deem a motion passed by body corporate resolution; whether the body corporate has maintained common property in good condition. Act, ss 94, 100, 152; Standard Module, ss 33, 76, 96, 159.

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

GENERAL MEETING – whether a general meeting was properly called; whether the committee authorised motions included on the meeting agenda; whether the committee prepared the agenda. Act, s 104; Standard Module, ss 44-55, 65, 69, 76

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

APPLICATION FOR AN INTERIM ORDER – where the body corporate wishes to restrain the actions of the chairperson – whether the body corporate is prima facie dysfunctional – 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 falls in favour of the applicant. Act, ss 269(3)(b) & (c), 279(1), Schedule 1A Code of conduct for committee voting members

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

COMMITTEE – GENERAL MEETING – BODY CORPORATE MANAGER – ADMINISTRATOR – INTERIM ORDER – where extraordinary general meeting called and agenda set without a committee – where motion proposed to appoint body corporate manager without functions of committee – where interim order made to stop implementation of EGM resolutions – request to cancel interim order – whether to cancel interim order. Act, s 279(2)

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

RECORDS –Obligation of the body corporate to provide access to records. Act, ss 204, 205; Standard Module ss 203 – 205

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

AGM RESOLUTIONS – whether a statutory motion not to appoint an auditor passed by special resolution; whether an auditor should be independent of the body corporate; whether a motion to extend the caretaking service contractor’s engagement on the condition that the caretaker meet half of the body corporate’s legal fees should have included quotations for the legal work; whether a resolution to appoint a body corporate manager for two years was invalid because it conflicted with an earlier resolution to appoint a body corporate manager for one year; whether a motion to appoint a gardener was invalid because it did not state the cost; whether a resolution to record a new community management statement was invalid because it should have been a special resolution; whether the minutes of the meeting require correction. Act, ss 62(3)(a), 106; Accommodation Module, ss 10, 13, 94, 149, 150, 153.

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

GENERAL MEETING MOTION – where the applicants seek approval to install shutters on their lot – where the proposal was considered at a general meeting - whether the body corporate did not act reasonably in deciding not to approve the shutters. Act, s 94(2); Accommodation Module, s 162

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 64

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

BY-LAW – whether the applicant body corporate has enforced a by-law under the Act; whether the respondent has remedied the by-law contravention; whether the body corporate has acted reasonably. COSTS – whether the body corporate is entitled to costs for making a dispute resolution application; whether there is jurisdiction to make a costs order for legal fees. ANCILLARY ORDER – whether it is appropriate or necessary to included ancillary provisions in the order. Act, ss 59, 66, 94, 171, 182, 184, 238, 280; Standard Module, ss 65, 67, 163, 164

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 the annual general meeting. Act, s 104; Accommodation Module, s 64

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

RESOLUTION – GENERAL MEETING – NOTICE – REASONABLENESS – where resolution authorised building maintenance works – where various works are bundled in one motion – where applicant alleges insufficient notice of general meeting – where applicant agrees to some of the works proceeding – where applicant alleges some works unnecessary – whether to invalidate general meeting – whether passing resolution was unreasonable – whether to invalidate resolution. Act, s 94(2); Standard Module, s 74

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 64 Body Corporate and Community Management (Accommodation Module) Regulation 2008

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 64.

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 66.

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

BY-LAWS – whether a pet by-law is invalid because it prohibits cats and dogs. Act, ss 169(1)(b), 180(7).

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

COMMITTEE MOTIONS – where the applicant requested approval to install a house sign and a privacy screen – where the committee did not pass the motions - whether the committee failed to act reasonably. Act, ss 94(2) and 100(5)

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

GENERAL MEETING –contributions to be levied on the basis of budgets section 141 Standard Module. TIME LIMIT FOR MAKING APPLICATIONS- whether non-compliance should be waived – section 242 Act BODY CORPORATE – whether the body corporate acted reasonably including when making a decision FRAUD ON THE MINORITY – whether the majority owner perpetuated a fraud on the minority.

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

SUPPLY OF SERVICES BY BODY CORPORATE – whether the body corporate requires agreements with the letting agent and owners if it is to continue to charge for supplying electricity to the lots; whether similar agreements are required for the provision of gas. Act, s 195(2); Accommodation Module, s 167.

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

RESOLUTION WITHOUT DISSENT – where a motion proposed recording a new community management to allocate exclusive use of marina berths to 10 lots – where the lots previously had exclusive use of the berths but the rights were inadvertently lost when a seabed lease was surrendered – where the motion seeks to reinstate the lost rights – where the motion failed to achieve a resolution without dissent – whether the opposition to the motion was unreasonable in the circumstances. Act, ss 276(1), Schedule 5, Item 10

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

COMMITTEE – GENERAL MEETING – where scheme has operated informally without a committee or general meetings – where general meeting scheduled with motion to appoint body corporate manager – where general meeting was not called nor agenda set by a committee – whether to allow general meeting to proceed – whether to allow resolutions to be implemented pending further order Standard Module, s 7

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. Commercial Module, s 33

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

INSTALLATION OF PHOTOVOLTAIC CELLS BY LOT OWNER APPEARANCE BY-LAW – WHETHER BODY CORPORATE APPROVAL REQUIRED OBLIGATION OF BODY CORPORATE TO ACT REASONABLY SECTION 246S BUILDING ACT-

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