Decisions table

BY-LAW – INTERPRETATION – where an occupier parks in specified visitor parking spaces – where a by-law regulates parking – whether in fact the by-law prohibits parking in visitor parking spaces Act s 59

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

MAINTENANCE of COMMON PROPERTY; UTILITY INFRASTRUCTURE; PROPERTY DAMAGE Act, ss 20, 281; Standard Module, ss 180, 211(3)

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

GENERAL MEETING MOTION – where a motion proposed to record a new community management statement including an exclusive use by-law about car parking – where the motion failed to achieve a resolution without dissent - whether dissenting votes were unreasonable in the circumstances - whether the motion should be deemed passed Act, ss 170, 171, Schedule 5, Item 10

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

MAINTENANCE; GENERAL MEETING RESOLUTIONS – The applicant says rainwater enters his lot due to the contours of the surrounding common property and problems with the drainage infrastructure, some trees on common property are hazardous or may block drains with their roots, his patio balustrade is rusted through in places, and a light in the garage may be struck by the garage door when it opens. Several motions at a general meeting addressed these issues, but all failed. The applicant alleges a failure to maintain common property in good condition and asks that the motions are deemed to have passed. Act, ss 20, 280; Standard Module, ss 172, 173, 180, 186, 187.

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

MAINTENANCE – BODY CORPORATE DEBT – JURISDICTION – whether the respondent should reimburse the body corporate for a plumbing invoice where the applicant alleges the respondent engaged the plumber on behalf of the body corporate without authority, and further alleges maintenance of the hot water tempering valve was not the body corporate’s responsibility – whether the dispute is to be characterised as a debt dispute – whether the dispute is therefore within an adjudicator’s jurisdiction. Act, ss 37, 101B, 229A; Accommodation Module, ss 170, 202.

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

REASONABLENESS – whether the body corporate acted unreasonably by not providing retrospective approval for the installation of a fence on common property or the scheme boundary Act, ss 94(1) and (2), 100(5) and 152(1); Standard Module, s 180(1)

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

BY-LAWS – where the respondent parked a vehicle in a visitor parking space, whether the respondent contravened the by-laws and the circumstances make it likely that the contravention will be repeated REASONABLENESS – where the body corporate relaxed the by-laws relating to visitor parking at a committee meeting and enabled occupiers to park in these spaces and where it denied the respondent’s request to park in these spaces, whether it acted unreasonably or made an unreasonable decision – whether the body corporate’s decision to enforce the by-laws against the respondent and not other occupiers who similarly contravened the by-laws is unreasonable Act, ss 183, 270(3) and 280; Accommodation Module, s 44(1)(b)

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

COMMITTEE MOTION - whether the committee could prevent the use of power outlets on common property to charge electric vehicles – whether the decision was a restricted issue for the committee. Act, s 180; Standard Module, s 52(1)

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.

GENERAL MEETING MOTIONS; MAINTENANCE Act, ss 94(2), 270, 279; Standard Module, ss 66, 86, 162,173, 180

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 270, 279; Accommodation Module, ss 74, 75, 83(1), and 95-97

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

INTERIM ORDER – whether an interim order is warranted Act, s279

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

INTERIM ORDER – where owner seeks retrospective approval for air-conditioner installed on common property – where body corporate is also considering motion to remove the air-conditioner - whether interim order is warranted to restrain the body corporate from removing the air-conditioner pending final orders. Act, s279(1)

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

IMPROVEMENT TO COMMON PROPERTY – where a fence has been installed on common property without approval – whether the installation should be allowed – whether a grant of exclusive use is required - whether the fence should be removed. Act, ss 170, 171; Accommodation Module, s 177

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

ARCHITECTURAL AND LANDSCAPE CODE – BY-LAWS – REASONABLENSS – where lot owners served body corporate with a notice that they believed another lot was contravening the community management statement by growing bamboo near the boundary fence, whether body corporate acted reasonably in the circumstances when it decided not to take action to enforce provisions of its CMS. Act, ss 94, 100(5), 182, 185; Standard Module, s 6(b)

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

MAINTENANCE – whether the body corporate has failed to maintain elements associated with windows and doors in the applicant’s lot – RECORDS – whether the body corporate has failed to provide access to body corporate records. Act, ss 205, 270; Accommodation Module, ss 170, 201

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

MAINTENANCE; PROPERTY DAMAGE – The applicants’ lot and property were damaged by water ingress from their balconies, and the absence of waterproof membranes upon the balconies may have been to blame. The balconies may have been built without membranes as permitted at the time of their construction. Whether the body corporate failed to meet its obligation to maintain roofing membranes in good condition and must repair the applicants’ property. Act, s 24(2); Accommodation Module, ss 170(2)(a)(iii), 201(3).

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

INTERIM ORDER – whether interim order is warranted. Act, ss 279, 94(2), 100(5)

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

BY-LAWS – whether the respondent lot owner is breaching the parking by-law – whether the respondent’s partner is an occupier or invitee. Act, ss 94, 182-186

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

COMMITTEE MOTION – whether the committee made decisions about restricted issues when it made decisions concerning security access fobs. Accommodation Module, s 44

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

GENERAL MEETING MOTIONS – whether motions proposing restrictions to access to parts of common property required a motion without dissent because they had the effect of disposing of, leasing, or licensing parts of common property or granting exclusive or special rights to groups of lot owners – whether body corporate acted unreasonably in passing the motions. Act, ss 94, 152, 154, 170; Accommodation Module, s 106

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

GENERAL MEETING MOTIONS – where the body corporate approved improvement works undertaken by the owners of 2 lots – whether those motions required a resolution without dissent - whether the body corporate decided not to pass motions submitted by the applicant about gas infrastructure and the maintenance of palm trees - whether those motions should be deemed passed. Act, ss 94, 270; Accommodation Module, ss 174, 182, 184

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

ADMINISTRATOR – whether to order that an administrator be appointed. Act, s 301

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

INTERIM ORDER – whether the body corporate should be prevented from acting upon general meeting resolutions for works pending final orders because of alleged technical deficiencies or unreasonable decisions by the committee in setting the agenda. Act, s 100(5); Accommodation Module, ss 152, 163.

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

IMPROVEMENT TO LOT; REASONABLENESS – where the body corporate refused approval for an alteration to a load-bearing wall within a lot despite engineering advice that it could be done without adverse structural consequences; whether the body corporate acted unreasonably; whether body corporate approval should be deemed to have been given. Act, ss 59(2)(b), 94(2), 100(5), 169(2)(b)(i), 180(7), 270(1)(c); Accommodation Module, s 63(6).

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

MATERIAL CHANGE OF USE APPLICATION – where tenant made application to Cairns Regional Council to approve Material Change of Use under town planning scheme to legitimise their business which had been operating for several years – where majority of owners in body corporate consent to the MCU application PROMOTION FUND- where monies deposited in promotion fund for purpose of obtaining professional advice regarding termination or “separation” of Community Title Scheme – whether monies dealt with in accordance with Commercial Module MAINTENANCE – where scheme is registered under a building format plan- maintenance obligations of the body corporate. Act ss 238, 247, 276, Commercial Module ss 30, 32, 117, 119, 127

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

IMPROVEMENT TO COMMON PROPERTY – where an owner sought body corporate approval to install air-conditioning units on common property – where the motion was defeated – whether the body corporate acted reasonably – whether opposition to a motion proposing exclusive use of the area was unreasonable in the circumstances. Act, s 94(2); Standard Module, s187

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

APPLICATION FOR INTERIM ORDER – where the body corporate passed a motion to repair the roof at a cost exceeding the major spending limit, but only presented owners with a single quotation; whether the body corporate should be prevented from implementing the motion prior to final orders. Act, ss 279(1), 281; Accommodation Module, ss 163, 170(1).

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

REASONABLENESS – whether the body corporate is acting unreasonably and contrary to the community management statement by withholding approval for proposed development on the applicant’s lot, including the removal of surrounding vegetation. Act, ss 94, 100(5), 118.

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.

ADMINISTRATOR – whether an administrator should be appointed – whether any other orders are warranted in the circumstances. Act, ss 270, 287, 288, 301, 318; Small Schemes Module, ss 117, 120, 125

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

COMMITTEE MOTION – where the committee resolved to lock the foyer door to the scheme – whether the committee had the authority to make that decision. Act, ss 94, 100; Accommodation Module, s 44

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

GENERAL MEETING MOTIONS – where the body corporate resolved to employ an owner – whether previous resolutions affecting the position had been complied with – whether the motion conflicted with previous resolutions – whether the motion is valid. Act, ss 94, 100(5), 101(2), 242; Standard Module, ss 88, 116

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

IMPROVEMENTS TO EXCLUSIVE USE COMMON PROPERTY \- where improvement (light fitting) made by owner \- where another improvement (cantilevered umbrella structure) was made several years ago before transfer to the current owner, whether body corporate approval for the improvements was ever sought. Section 37A \_Building Units and Group Titles Act 1980 (\_BUGTA) REASONABLENESS – obligation of body corporate to act reasonably. Sections 27(4) & 79 BUGTA COMPLIANCE WITH BY- LAWS – SMOKING - whether respondent has contravened by-law 17.3 by smoking in his exclusive use courtyard Section 30(5), 77, 78 BUGTA

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

BY-LAW – where the respondent commenced significant renovation works on her lot – where the body corporate recorded a new by-law relating to works on lots and common property – whether the by-law is valid – whether the respondent required approval for the work – whether the respondent is in breach of the by-law. Act, ss 94, 169, 180, 182-188

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

MAINTENANCE; PROPERTY DAMAGE – where defects on common property allowed water ingress to a lot, damaging ceilings; whether the body corporate must repair the common property and ceilings. Act, s 281(1)(a); Standard Module, ss 162(2), 180(1)&(2)(a)(ii); 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; PROPERTY DAMAGE – where defects on common property allowed water ingress to a lot, damaging window frames; whether the body corporate must repair the common property and window frames. Act, s 281(1)(a); Standard Module, ss 162(2), 180(1)&(2)(a)(ii); 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.

IMPROVEMENT – where owner sought approval to install a blind on his balcony – where body corporate refused consent – whether by-laws required consent to be obtained – whether body corporate acted reasonably. Act, s94(2); Standard Module, s187

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. ADJUDICATOR POWERS – whether Adjudicator 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") Act, ss 94(1), 100(5), 279

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

REASONABLENESS – whether motion proposing changes to the exclusive use by-laws of the scheme, requiring resolution without dissent failed to pass because of opposition that was unreasonable Act, ss 62, 170, 171, Schedule 5

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

REASONABLENESS – whether the body corporate acted unreasonably by not providing retrospective approval for the installation of a fence on common property or the scheme boundary Act, ss 94(1) and (2), 100(5) and 152(1); Standard Module, s 180(1)

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

REASONABLENESS – where a lot owner sought approval to install whirlybirds on common property for the benefit of their lot, whether committee acted reasonably or made a legally unreasonable decision when it decided to refuse to approve the whirlybirds. Act, ss 94(2), 100(5), Standard Module s 187

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

BY-LAWS – whether the respondent or his associates are parking on common property in breach of the by-laws – whether the respondent has signage and advertising on his lot in breach of the by-laws – whether orders to stop this conduct are warranted – whether the body corporate can tow a vehicle. Act, ss 94, 163A, 192-188

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

GENERAL MEETING RESOLUTION - where body corporate resolved to carry out works to common property – where owner challenges reasonableness of the decision and the type of resolution required for approval – whether decision should be invalidated. Act, s94(2); Small Scheme Module, s105

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

MAINTENANCE IN A BUILDING FORMAT PLAN Responsibility for maintenance of balustrades and waterproofing membranes. Maintenance obligations of bodies corporate / Maintenance obligations of lot owners Act, ss 94(1), 100(5), 279 Standard Module, s 180, s 211. National Construction Code, Volume 2

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

PROPERTY DAMAGE – whether the applicant suffered damage to the lot due to a lack of maintenance of common property pipes and waterproofing; where the applicant seeks an amount greater than an adjudicator may order. MAINTENANCE – whether the body corporate should undertake maintenance works to pipes, a shower in a lot, garden bed waterproofing, and inspect pipes for blockages. Act, ss 20, 270, 281; Standard Module, s 180.

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

REASONABLESS – where the applicant constructed a shed on common property in the scheme’s basement carpark – where the body corporate passed a motion at a general meeting for the shed to be removed but the applicant submits the decision is unreasonable – whether the orders sought by the applicant are warranted in the circumstances. Act, ss 94

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

BY-LAWS; IMPROVEMENT TO EXCLUSIVE USE AREA – where the respondents fixed a storage rack to the ceiling of their exclusive use parking space and store various items there; where the exclusive use by-law says the area “may only be used for the parking of a registered motor vehicle”; whether the storage rack and other items must be removed. Standard Module, ss 193(3), 228(3).

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

GENERAL MEETING MOTIONS – where the applicant disputes 6 general meeting resolutions – whether the body corporate failed to act reasonably in passing the motions – whether the motions are otherwise invalid. Act, s 94

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

MAINTENANCE – whether respondents have failed to comply with maintenance obligations and have failed to rectify fire safety defects, -whether orders for work to be undertaken are warranted. Act, ss 163, 167; Accommodation Module, ss 201, 202

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