Queensland Consolidated Acts

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SCHEDULE 5

SCHEDULE 5 – Adjudicator’s orders

1 An order requiring the body corporate to lodge a request to record a new community management statement consistent with the statement for which the body corporate gave its consent.

2 An order requiring the body corporate to lodge a request to record a new community management statement, regardless of whether the body corporate consents to the recording.

3 An order requiring the body corporate to take out insurance or to increase the amount of insurance.

3A An order approving alternative insurance to be put in place by a body corporate.

4 An order requiring the body corporate to take action under an insurance policy to recover an amount or to have repairs carried out.

5 An order requiring the body corporate—

(a) to acquire, within a stated time, stated property the adjudicator considers necessary for the use or convenience of the owners or occupiers of lots; or

(b) not to acquire stated property, or to dispose of stated common property, within a stated time.

6 An order requiring the body corporate to call a general meeting of its members to deal with stated business or to change the date of an annual general meeting.

7 An order declaring that a meeting of the committee for the body corporate, or a general meeting of the body corporate, is void for irregularity.

8 An order declaring that a resolution purportedly passed at a meeting of the committee for the body corporate, or a general meeting of the body corporate was, at all times void.

8A An order declaring that a decision purportedly made by a lot owner agreement was at all times void.

9 An order declaring that a resolution purportedly passed at a meeting of the committee for the body corporate, or a general meeting of the body corporate, is a valid resolution of the meeting.

9A An order declaring that a decision purportedly made by a lot owner agreement is a valid decision of the body corporate.

10 If satisfied a motion (other than a motion under section 47A for the adjustment of contribution schedule lot entitlements, or a motion for reinstatement of scheme land or termination or amalgamation of the scheme) considered by a general meeting of the body corporate and requiring a resolution without dissent was not passed because of opposition that in the circumstances is unreasonable—an order giving effect to the motion as proposed, or a variation of the motion as proposed.

10A If satisfied an economic reasons resolution was unreasonable—an order declaring that the resolution was, at all times, void.

10B If satisfied a motion for an economic reasons resolution was not passed because of objections that were, in the circumstances, unreasonable—an order giving effect to the motion as proposed.

11 If satisfied a contribution levied on lot owners, or the way it is to be paid, is unreasonable—an order reducing or increasing the contribution to a reasonable amount or providing for its payment in a different way.

12 An order requiring the body corporate to have its accounts, or accounts for a stated period, audited by an auditor stated in the order or appointed by the body corporate.

13 If satisfied the applicant has been wrongfully denied access to, or a copy of, information or documents—an order requiring the body corporate to give stated information to the applicant, to make particular information available for inspection by the applicant, or to give copies of stated documents to the applicant.

14 If satisfied the body corporate has the right to terminate a person’s engagement as a body corporate manager or service contractor—an order declaring that the engagement is terminated.

15 If satisfied the body corporate does not have the right to terminate a person’s engagement as a body corporate manager or service contractor—an order declaring that the engagement is not terminated.

16 An order requiring a body corporate manager, letting agent or service contractor to comply with the terms of the person’s engagement, including the code of conduct, or authorisation.

17 If satisfied the body corporate’s decision about a proposal by the owner of a lot to make improvements on or changes to common property is an unreasonable decision—an order requiring the body corporate—

(a) to reject the proposal; or

(b) to agree to the proposal; or

(c) to ratify the proposal on stated terms.

18 If satisfied an animal is being kept on common property or a lot contrary to the by-laws—an order requiring the person in charge of the animal—

(a) to keep the animal in compliance with stated conditions; or

(b) to remove the animal and keep it away.

19 If satisfied an animal kept on common property or a lot under the by-laws is causing a nuisance or a hazard or unreasonably interfering with someone else’s use and enjoyment of another lot or common property—an order requiring the person in charge of the animal—

(a) to take stated action to remedy the nuisance, hazard or interference; or

(b) to remove the animal and keep it away.

19A If satisfied a decision of the body corporate to withhold approval for the keeping of an animal under a by-law was unreasonable—an order declaring that the occupier may keep the animal and the conditions on which it may be kept.

20 If satisfied a by-law is, having regard to the interests of all owners and occupiers of lots included in the scheme, oppressive or unreasonable—an order requiring the body corporate to lodge a request to record a new community management statement—

(a) to remove the by-law; and

(b) if it is appropriate to restore an earlier by-law, to restore the earlier by-law.

21 If satisfied a by-law is invalid—an order declaring that the by-law is invalid and requiring the body corporate to lodge a request to record a new community management statement to remove the by-law.

22 If satisfied the owner of a lot reasonably requires a licence over part of the common property for the appropriate enjoyment of the lot, and the body corporate has unreasonably refused to give the licence—an order requiring the body corporate to give a licence to the owner on terms (that may require a payment or periodic payments to the body corporate) over a stated part of the common property.

23 An order appointing an administrator, and authorising the administrator to perform—

(a) obligations of the body corporate, its committee, or a member of the committee under this Act or the community management statement; or

(b) obligations of the body corporate under another Act.

24 If satisfied a decision to pass or not pass a motion at a general meeting of the body corporate was unreasonable—an order declaring that a motion was invalid or giving effect to the motion as proposed, or a variation of the motion as proposed.

25 If satisfied that a decision made by a lot owner agreement was unreasonable—an order—

(a) declaring that the decision was at all times void; or

(b) giving effect to a variation of the lot owner agreement.

26 If satisfied that an owner of a lot included in a specified two-lot scheme was unreasonable in not entering into a lot owner agreement following a request from the owner of the other lot—an order—

(a) giving effect to the decision proposed by the owner of the other lot; or

(b) giving effect to a variation of the decision proposed by the owner of the other lot.