Decisions table

INSURANCE – whether an owner has failed to pay their share of body corporate insurance. Two-lot Schemes Module, ss 47-59

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

MEETING PROCEDURES – whether vote passed outside committee meeting is valid – whether AGM held outside of legislative timeframe is valid. Commercial Module, ss32, 33, 40

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

IMPROVEMENT TO LOT; BY-LAW – whether the respondent breached a by-law by removing carpet and installing stone polymer composite flooring in her lot without body corporate approval; whether she must obtain the approval of the body corporate or remove the new flooring and reinstate carpet. Act, s 59; Land Title Act 1994, s 115L(3).

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

INTERIM ORDERS – whether interim orders are warranted in the circumstances. Act, ss 94(2), 100(5) and 279

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

INTERIM ORDER – where body corporate committee resolved to commence legal proceedings - whether interim order is warranted. Act, s279(1)

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

GENERAL MEETING MOTION – The body corporate resolved by ordinary resolution to replace the roof. The applicant says the resolution should be deemed void because the new roof was an improvement requiring authorisation by special resolution, the contractor was not licensed for the work when submitting the quotation, the quotation was not sufficiently detailed, the contractor was not reputable, the motion authorised an “engagement” where a written contract was required, and the meeting was inquorate. Act, s 101B(3); Standard Module, ss 45, 58(6), 99, 100, 172(1)(a), 180(1), 186.

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

APPLICATION FOR INTERIM ORDER – where a general meeting motion gave owners a choice between three quotations for new balustrades, but the quotations differed with respect to the spacing of the balusters; where the existing balustrades are timber but the new will be aluminium; whether the quotations should all have offered balusters with the same spacing; whether the new balustrades are an improvement to common property requiring authorisation by special resolution; whether the body corporate should be prevented from implementing the successful motion until these questions can be answered. Act, ss 10(2)(b), 279(1); Standard Module, ss 173, 180(2)(a)(i), 186.

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

INTERIM ORDER – whether warranted - where committee has refused to reconsider access conditions it imposed on the applicant’s pet approval. Act, ss 100(5), 279

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 exterior window awnings – where the motion did not pass – whether the body corporate failed to act reasonably. Act, s 94(2); Standard Module, s 187

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

MANTENANCE OBLIGATIONS OF BODY CORPORATE– where applicant claims cost of repairing damage in the amount of $66,722.61 allegedly resulting from water leaks that it claims were the responsibility of the body corporate -where applicant also claims loss of rent in the amount of $50,370.00 DISMISSAL OF APPLICATION- where adjudicator is satisfied the dispute should be dealt with in a court or tribunal of competent jurisdiction. Act, ss 270(1)(b), 276(5)

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

JURISDICTION AND POWERS – whether there is a ‘dispute’ in circumstances where applicant, respondent body corporate and Affected Persons are in agreement on the orders sought – whether final orders should be made. Act, ss 4, 171, 227, 238(1)(b), 270(1)(b), 276

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.

PROPERTY DAMAGE; MAINTENANCE – where the body corporate removed shutters from the applicant’s lot in preparation for repairs to the waterproof membrane on his patio, allegedly damaging his property in the process; whether the body corporate must reimburse the applicant for repairs, replace his damaged property, carry out further waterproofing work to his patio, and reimburse his conciliation and adjudication application fees. Act, ss 239(1)(c) & (4)(a), 280; Standard Module, ss 180(2)(a)(iii), 211(2)-(3).

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

IMPROVEMENT – where in a 2-lot scheme an owner seeks approval to install a fence to exclusive use area – where other owner refuses consent – whether the body corporate acted reasonably – whether approval should be granted. PET BY-LAW – where owner challenges validity of pet by-law – whether by-law is inconsistent with the Act – whether the by-law should be removed. Act, s94, 169B, ; Two-lot Schemes Module, s45

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

MAINTENANCE – where hot water pipes require replacement – where hot water pipes are common property – where applicant argues body corporate must administer, manage and control hot water pipes DISPOSITION OF COMMON PROPERTY - where body corporate resolved to decommission the common property hot water system and pipes - where applicant argues decommission of hot water system and pipes is a disposal of common property IMPROVEMENT TO COMMON PROPERTY – where applicant argues that installation of a hot water system on common property is a disposal of common property REASONABLENESS – where applicant argues decommission of hot water system breaches the duty to act reasonably Act, ss 20, 94, 152, 159; Accommodation Module, ss 170, 174, 178

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

GENERAL MEETING MOTIONS – Where a recent general meeting resolved to: increase the relevant limit for major spending for the purpose of installing solar panels and related infrastructure on the common property, authorise expenditure of $440,000 on the solar project, engage a company to consult on these works, and enter into a power purchase agreement that would include a licence over part of the common property. Where the applicant argues: the major spending limit should not have been increased, additional quotations should have been obtained, no details of the proposed works on common property were provided to owners, the proposed engagement of the consultant was out of date, and all relevant details of the power purchase agreement and licence were not provided. Whether the motions should be declared void. Act, ss 94(2), 100(5); Accommodation Module, ss 125, 163, 176.

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

ACCESS TO A LOT – where the body corporate has issued a notice of entry seeking access to the respondents’ lot and where the respondents have refused access – whether orders are warranted. Act, s 163; Standard Module, s 180

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

MAINTENANCE – where hot water pipes require replacement – where hot water pipes are common property – where applicant argues body corporate must maintain hot water pipes DISPOSITION OF COMMON PROPERTY - where body corporate resolved to decommission the common property hot water system and pipes - where applicant argues decommission of hot water system and pipes is a disposal of common property REASONABLENESS – where applicant argues decommission of hot water system breaches the duty to act reasonably Act, ss 20, 94, 159; Accommodation Module, ss 170, 174, 178

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

COMMITTEE DECISION – REASONABLENESS – The applicant lot owner required and received committee approval to install CCTV system on their lot. The applicant later sought and was denied approval to move the cameras to a different location on the lot. The applicant’s use of CCTV had previously raised privacy concerns for neighbours. The committee denied approval to move the cameras due to privacy concerns, but did not seek to negotiate suitable conditions of approval with the applicant. Should committee approval should be deemed to be given? Act, s 100(5)

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

MAINTENANCE – whether the body corporate has an obligation to maintain roofing membranes that are not common property – whether the body corporate has met that obligation – whether the obligation includes reinstatement of soil and vegetation that was removed ACCESS TO A LOT – whether the body corporate’s entry notice was issued for a valid purpose. Act, s 163; Accommodation Module, s 170.

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

NUISANCE, HAZARD, UNREASONABLE INTERFERENCE – where the respondents have smoked in their exclusive use courtyard and occupier of neighbouring lot has experienced smoke drift and odour – whether the respondents have caused a hazard or unreasonable interference to others in breach of the Act. s167 Act.

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

INTERIM ORDER – where the applicant says the committee was not authorised or otherwise acted unreasonably in passing resolutions to undertake works - whether interim orders stopping implementation of the resolutions is warranted – whether interim orders requiring the body corporate provide copies of records is warranted. Act, s 100(5); Accommodation Module, ss 44, 162, 221.

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

COMMITTEE COMPOSITION - Eligibility to be Voting Member of Committee- where member of committee receives payment for conducting maintenance of common property under a contract of service. COMMON PROPERTY – whether reasonable to use part of indoor common property area for a caretakers office Act, ss 15, 94, 276 Accommodation Module, ss 11 Villanella [[2017] QBCCMCmr 248](/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2017/248.html "View Case") Workpac v Rossato & Ors [2021] HCA 23 CFME Union v Personnel Contracting Pty Ltd [[2022] HCA 1](/cgi-bin/viewdoc/au/cases/cth/HCA/2022/1.html "View Case") Hollis v Vabu Pty Ltd [[2001] HCA 44](/cgi-bin/viewdoc/au/cases/cth/HCA/2001/44.html "View Case")

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

JURISDICTION AND POWERS – whether adjudicator has power to make orders for lost rental income associated with maintenance works undertaken by body corporate. REASONABLENESS – whether committee for body corporate acted reasonably in making decisions related to maintenance works and providing body corporate records. Act, ss 94, 100(5), 276, 281; Accommodation Module, s 170

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

SMOKING – whether the respondent is smoking on scheme land and the applicant is regularly exposed to it; whether the respondent may only smoke outside the scheme. Act, s 167(2); Tobacco and Other Smoking Products Act 1998, s 112.

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

MAINTENANCE – where owner experienced water ingress to her lot – where the body corporate’s initial attempts to rectify the leak have failed – whether the leak is caused by a failed waterproofing membrane in the balcony above – whether orders to rectify the leak remain warranted in the circumstances. Accommodation Module, s 170

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

INTERIM ORDER – where applicant says a proposed motion to appeal an earlier adjudicators order is misleading – whether an interim order to stop implementation of the resolution if passed is warranted Act, s 279

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

INTERIM– whether an interim order is warranted. Act, s 279

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

APPLICATION FOR INTERIM ORDER – where motions to install a new electric gate on common property were deemed to have passed by ordinary resolution despite proposing expenditure above the “ordinary resolution improvement range”; whether the body corporate should be prevented from going ahead with the installation before the application can be decided. Act, ss 106(3)(b), 247(3), 279; Standard Module, ss 173, 186.

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

NUISANCE, HAZARD, UNREASONABLE INTERFERENCE – where the respondents smoke on their lot balcony and occupiers of neighbouring lots experience smoke drift and odour – whether the respondents are contravening scheme by-laws and causing a hazard or unreasonable interference to others in breach of the Act. ss 59,167,182 Act.

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

CHANGE OF FINANCIAL YEAR – whether to change the financial year end date of the body corporate. Act, s283

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

GENERAL MEETING MOTION – where the body corporate authorised the committee to enter into an agreement with the caretaking service contractor to allow the organising of events as an ancillary service to the caretaker’s letting activities – whether the motion was sufficiently clear to be enforceable – whether there was a delegation of the body corporate’s powers – whether it was a restricted issue for the committee – whether the purported use of common property requires the grant of a proprietary right such as a lease or licence of the common property – whether the motion was valid. Act, ss 97, 167; Accommodation Module, ss 44, 88, 174

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

REASONABLENESS; UTILITY INFRASTRUCTURE – The applicant paid a plumber to unblock a drain that turned out to be common property. The committee refused to reimburse the expenditure because it was not satisfied the item that blocked the drain had been there since the construction of the scheme. The applicant argues the committee acted unreasonably and its decision should be reversed. Act, ss 20, 100(7), 280; Accommodation Module, s 170(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.

APPLICATION FOR INTERIM ORDERS – Where the applicant has challenged five motions passed at the scheme’s 2024 annual general meeting – where the applicant is seeking interim orders to restrain the body corporate from implementing the motions while final orders are decided – whether there are urgent circumstances that warrant interim orders being made. Act, ss 270, 279; Accommodation Module, ss 125, 163, 174, 176

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

GENERAL MEETING MOTION – where a motion to engage a body corporate manager referred to a 3-year term – where committee information referred to the engagement as being for a further 12 months – whether the motion should be amended – ADMINSTRATOR – whether an administrator should be appointed. Act, s 278; Commercial Module, ss 44, 45, 91

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

IMPROVEMENT TO COMMON PROPERTY – where fencing has been installed on common property without approval – whether the fencing should be removed. Standard Module, ss 184, 187

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

CARETAKING SERVICE CONTRACTOR - ENGAGEMENTS AND AUTHORISATIONS – RIGHTS AND OBLIGATIONS OF PROPRIETORS – whether decision of body corporate to extend Caretaking Service Agreement was valid STATUTORY INTERPRETATION – USE OF EXTRINSIC MATERIAL Body Corporate and Community Management Act 1997 (Qld), ss. 94, 122, 227, 229, 318. Acts Interpretation Act 1954 (Qld), s. 14A, 14B, 32C. Statutory Instruments Act 1992, s 14 Body Corporate and Community Management (Standard Module) Regulation 2020 (Qld), ss. 135, 136, 140, 141 Explanatory Notes, Body Corporate and Community Management Legislation Amendment Regulation(No 1) 2003 (Qld) Lill v Ryan [[2011] QCATA 124](/cgi-bin/viewdoc/au/cases/qld/QCATA/2011/124.html "View Case") Lacey v Attorney-General (Qld) [[2011] HCA 10](/cgi-bin/viewdoc/au/cases/cth/HCA/2011/10.html "View Case"); (2011) 242 CLR 573 Minister for Immigration v SZAYW [[2005] FCAFC 154](/cgi-bin/viewdoc/au/cases/cth/FCAFC/2005/154.html "View Case"); (2005) 145 FCR 523 Strata Plan No. 74602 v Eastmark Holdings Pty Ltd [](../../../../BCCM/Appeal%20&%20External%20Decisions/External%20decisions/The%20Owners%20-%20Strata%20Plan%20No.%2074602%20v%20Eastmark%20Holdings%20Pty%20Limited%20%5b2013%5d%20NSWCA%20221.pdf)[[2013] NSWCA 221](/cgi-bin/viewdoc/au/cases/nsw/NSWCA/2013/221.html "View Case")

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

COMMITTEE MOTION – whether motion proposed spending in excess of committee spending limit; REASONABLENESS – whether committee acted reasonably in the circumstances when it decided to engage a particular law firm. Act, s 100(5); Standard Module, ss 168, 172

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

COMMITTEE MOTIONS – where the body corporate considered several motions about issuing by-law contravention notices – whether the decisions were valid. Act, ss 94, 100, 182-188; Standard Module, s 66

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

REASONABLENESS – where a payment the applicant had made went missing when the body corporate switched body corporate managers and this led to debt accruing on the applicant’s account – where the applicant disputed this debt but ultimately paid it in order to finalise the sale of her lot – whether the body corporate acted unreasonably in pursuing the debt and whether it is obligated to reimburse the applicant. Act, ss 94, 100, 280; Standard Module, s 166

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

INSURANCE – A storm damaged a balcony of lot 6 and an improvement to common property on the rooftop above it. The owner claimed on the body corporate’s insurance, but the body corporate committee cancelled the claim because it said it could repair the balcony for less than the cost of the excess, and the rooftop structure was not constructed in the manner authorised by the body corporate. The applicant claims the balcony was not properly repaired. The applicant says the body corporate acted unreasonably, should allow the insurance claim to proceed, and should carry out further repairs to the balcony. Act, ss 11(1), 100(5); Standard Module, ss 180(2), 187, 195, 198(2), 201, 203(4), 211(3).

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

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

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

INTERIM ORDERS – whether interim orders are warranted in the circumstances. Act, ss 94 and 97

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

BY-LAW – whether a by-law restricting short-term letting of lots is valid. Act, ss 169, 180

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

ANIMAL BY-LAW – whether the body corporate failed to act reasonably when refusing permission for the applicant to have a dog at her lot Act, ss 94(2),100(5)

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

COMMON PROPERTY – where the applicant alleges there are alterations, obstructions and damage on an emergency evacuation route on common property – whether work is required to rectify the common property – whether orders are warranted. Act, ss 59, 67-70,94, 152, 171; Commercial Module, ss 30, 127, 133, 134, 140, 174, 177

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

BY-LAWS – where the respondent commenced construction of a patio roof on his lot without body corporate approval in contravention of the by-laws; whether he must obtain approval or remove the structure. Act, s 59(2)(b).

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

PROPERTY DAMAGE; MAINTENANCE – The applicant’s lot was damaged by water ingress from a leaking bath waste in the respondent’s lot. Whether the respondent must pay the cost of repairs. Act, ss 20; 281; Accommodation Module, s 201; Land Title Act 1994, s 48C.

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

RECORDS – where the applicant has sought but not been given various records – whether the applicant is entitled to the records. Act, s 205, Accommodation Module 220 - 222

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

INSURANCE – The body corporate excluded the applicant’s lot from its building reinstatement insurance for many years. Should the body corporate take out a new policy of insurance that includes their lot, refrain from levying them for insurance contributions until it does, and credit their account for contributions paid while their lot was not covered? Accommodation Module, ss 187, 188, 191(1).

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