Decisions table

RESOLUTION WITHOUT DISSENT – where a motion proposed that space on common property pillar sign be allocated in accordance with a licence agreement and in proportion to lot entitlements. WHETHER OPPOSITION WAS UNREASONABLE– where motion failed to achieve the required 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.

MAINTENANCE UNDER STANDARD FORMAT PLAN – whether the body corporate could validly decide to replace an old boundary fence for the scheme notwithstanding that it does not always follow the exact boundary of the scheme, it doubles as a lot boundary fence in places, it is being used to enclose part of common property within some owners’ lots in the absence of an exclusive use by-law, and it obstructs internal access to an area of common property. Whether owners who use the fence as the boundary fence for their lots should contribute financially to its construction. Whether the fence should be rebuilt on the boundary of some lots to prevent them from capturing part of common property within their lots. Act, ss 35(1), 62, 94(1)(a), 311; Standard Module, ss 159(1), 161(2), 163.

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

IMPROVEMENT TO COMMON PROPERTY – where the respondents installed a screen on their exclusive use area of common property without body corporate approval – whether the screen should be removed. Small Scheme Module, s 108

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

COSTS – where the body corporate did not make a reasonable attempt to participate in conciliation –whether costs should be awarded. Act, s 280(2)

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

POWER TO ENTER LOT – whether lot owner should be required to provide access to her lot to enable the body corporate to obtain quotes and undertake maintenance. Act, s 163

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

BY-LAWS – whether the respondents have parked a motorhome on common property in breach of the by-laws – whether the respondents should be required to remove the motorhome from common property. Act, ss 100(5), 182-188

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

EXCLUSIVE USE BY-LAW – whether authorised allocations made within the base allocation period – whether an extended allocation period should be authorised – whether the time to record a new community management statement containing details of an authorised allocation of exclusive use should be extended. Act, ss 171, 174, 175

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

RECORDS – whether the body corporate failed to provide body corporate records – whether the records must be supplied. Act, s 205; Accommodation Module, ss 202, 203

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.

MAINTENANCE – where the applicant has experienced water ingress to his lot – where the applicant asserts there is a leak coming from the lot above - whether the owner of the lot above must repair his bathroom – whether the owner of the lot above must repair the applicant’s lot. Act, s 281; Accommodation Module, ss 168

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

DECLARATORY ORDER – ANNUAL GENERAL MEETING – whether a body corporate’s annual general meeting will be invalid for being held more than three months after the end of the scheme’s financial year. Standard Module s 66

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

ADMINISTRATOR – where orders made for administrator appointment including to hold general meeting to elect a committee within three months – where application to extend time to call and hold general meeting – whether to extend time. Act, ss 301

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 authorise a roof over the patio of a lot – where the applicant objects to the decision - whether the body corporate did not act reasonably in deciding to approve the roof. Act, ss 94(2), 167; Accommodation Module, s 162

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

BY-LAWS – whether the respondent breached by-laws by constructing a carport/patio/motorcycle garage – whether the structure was built in accordance with approved plans and by-laws – whether an order should be made for the respondent to remove the structure. Act, 94(1)(b), 100(5), 182, 2813, 269(3)(b), 269(3)(c).

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

Responsibility for air-conditioning unit that services part of lot and area of common property over which rights of exclusive use exist. Act, ss 20, 152, 166, 177

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

Responsibility for air-conditioning unit that services part of lot and area of common property over which rights of exclusive use exist. Act, ss 20, 152; Accommodation Module, ss 157(1), 167

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.

REASONABLENESS – whether committee acted unreasonably in refusing to give permission to keep dog Act, s 100(5)

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

Whether an interim order is necessary to prevent motions that may be carried at EGM from being implemented. Act, ss16, 279; Accommodation Module, s 81.

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

GENERAL MEETING – whether the person chairing a general meeting had power to rule a motion out of order. Act, ss 94, 95, 104, 152; Accommodation Module, ss 79

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

EMERGENCY EXPENDITURE – whether the circumstances give rise to a genuine emergency – whether expenditure above the committee spending limit should be authorised. Act, ss 94(2), 227, 228, 243A, 276, Schedule 5; Standard Module, ss 151, 152, 153, 159(1).

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\_. 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.

APPEAL– civil – application for leave to appeal from

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.

COSTS – costs on stay application in appeal – special circumstances

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

Appeal proceedings – grounds of appeal inadequately expressed – appeal from interlocutory decision requiring leave –application of guiding principle-held no merit in the appeal – leave to appeal refused – appeal dismissed – costs reserved.

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.

LAND LAW – strata title – by-laws – construction – special by-law conferring right upon lot owner to use part of common property for parking – whether right conferred in substitution for right of lot owner to park in existing parking lot – use of extrinsic circumstances as an aid to construction – cautionary approach – special by-law construed so that right conferred is not in substitution for owner’s right to park in existing lot LAND LAW – strata title – obligations of owners and occupiers – w

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.