Decisions table

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

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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

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Permission to hold AGM outside of legislative time frame. Accommodation Module, s 64.

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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).

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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.

COSTS – Withdrawal of strata application – Whether special circumstances warranting an award of costs are established

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.

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.

ADMINISTRATOR – where applicant alleges financial mismanagement by committee – where new committee subsequently elected – where no evidence new committee cannot address financial issues – whether to appoint administrator. Act, s 301

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

Application for interim order for temporary approval to keep dog within lot – whether warranted in circumstances. Act, ss 169, 180(7), 279.

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

COSTS – Special circumstances – Abandonment of Grounds of Appeal

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

COMMITTEE -VALIDITY OF ELECTION OF ORDINARY MEMBERS – WHETHER INSTRUCTIONS FOR COMPLETION OF SECRET BALLOT PAPER WERE MISLEADING Standard Module ss, 15 to 28

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

GENERAL MEETING MOTIONS – where the body corporate passed three motions regarding embankment/retaining wall repair works - whether the motions are valid. Standard Module, ss 151, 152

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

RESOLUTIONS – where body corporate resolved to issue notice to caretaker to cease acquiring services – where caretaker alleges that notice designed to extinguish QCAT jurisdiction to hear dispute about caretaking service contractor agreements and limit other future remedies – whether any contravention of legislation – whether BCCM or QCAT is appropriate jurisdiction BY-LAWS – REASONABLENESS –where body corporate passed resolution requiring external pedestrian gate to be kept closed – where applicant alleges that resolution purports to be a by-law and impose a penalty – where applicant alleges keeping gate closed will disrupt his letting agent business – where applicant alleges rationale for keeping gate closed is not genuine – whether resolution purports to create by-law or ‘house rule’ – – whether resolution purports to impose penalty – whether decision to make resolution unreasonable INTERIM ORDER – whether to grant interim order Act, ss 94(2)

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

IMPROVEMENT TO COMMON PROPERTY – where a common property fence has been modified with the addition of wire mesh – whether approval has been given – whether the mesh should be removed. Act, ss 94(2), 100(5); Accommodation Module, s 172

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.

CIVIL PROCEDURE – notices to produce – client legal privilege – whether documents privileged under s 119 Evidence Act 1995 (NSW) – communications between plaintiff and witness where witness is also defendant in contingent proceedings – implied obligation of confidentiality where dominant purpose of communications is obtaining evidence

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

RESOLUTION – EXPENDITURE – INTERIM ORDER– where body corporate resolution authorises building rectification works and expenditure based on single quotation with no total cost specified – whether to restrain body corporate from implementing resolution Act, s 94(2)

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

LAND LAW — Strata title — Strata management — Obligation of owners corporation to maintain and repair common property — Damages or compensation for breach of obligation — Jurisdiction to award such damages or compensation — SSMA ss 90(2), 104, 106, 122, 124, 232

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Costs – costs on appeal – special circumstances

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MAINTENANCE – whether the body corporate is maintaining common property in good condition – whether the body corporate should be required to obtain an arborist report ever six months on a tree. Act, s 270, Standard Module, s 159

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. Accommodation Module s 64

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 obliged to call a general meeting to consider a motion to replace external windows on the boundary between a lot and common property. Standard Module, s 157(2).

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

STRATA AND COMMUNITY SCHEMES — Repair of common property

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

ADMINISTRATOR – whether an administrator should be appointed to convene a general meeting\_.\_ Act, ss 276, 278, 301

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

BREACH BY-LAW – whether a lot owner has breached a by-law concerned with hard flooring surfaces – whether the body corporate acted unreasonably when it did not enforce by-laws upon a complaint from one lot owner against another – whether a lot owner should be required to replace the flooring in their lot CONCILIATION AGREEMENT – whether in an adjudication application reference can be made to the details of a conciliation agreement. Act, ss 59(1), 167, 169(1), 180(7), 252E(5), 269(3)(b), 269(3)(c); Land Title Act 1994 s 115L(3), Queensland Civil and Administrative Tribunal Act 2009, s 74.

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.

COMMITTEE RESOLUTION – where committee purportedly resolved by resolution outside a committee meeting to engage lawyers to defend an adjudication application – whether committee members are personally liable. Act, 101A(1)

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

GENERAL MEETING – whether opposition to a motion requiring a resolution without dissent is unreasonable. Act, ss 276(1) and (3), Schedule 5 Item 10.

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INTERIM ORDER – 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.

ANNUAL GENERAL MEETING – whether a body corporate is permitted to hold an AGM outside the prescribed legislative time frame. Act, ss 2, 4; Standard Module, s 66.

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