by hbcmwp | Feb 28, 2023 | Adjudicators Orders
In recent case Harpullia [2022] QBCCMCmr 473 (22 December 2022), the body corporate – having received no response from lot owners to their several pieces of correspondence regarding the state of their garden – eventually sought orders from an Adjudicator to compel the...
by hbcmwp | Sep 30, 2022 | Adjudicators Orders
What is a resolution type and what may happen if the incorrect one is used? Many body corporate decisions have to be made at a general meeting and in doing so the motion must state what type of resolution type is needed to determine the way in which a result is...
by hbcmwp | Aug 31, 2022 | Adjudicators Orders
Can a lot owner make an improvement to the common area for their exclusive use? Common Property is owned by all owners as tenants in common in accordance with Section 35 of the Body Corporate and Community Management Act 1997. If an owner within a scheme would like to...
by hbcmwp | Jul 27, 2022 | Adjudicators Orders
When does the Body Corporate become liable for the rectification of damage to the property? For a scheme created under a building format plan of subdivision (BFP), section 180 of the Body Corporate and Community Management (Standard Module) Regulation 2020 states that...
by hbcmwp | Jun 30, 2022 | Adjudicators Orders
Do you know what makes an adjudication application, or more importantly what doesn’t? This month, we explore a recent order where the Adjudicator noted the application is ‘an abuse of the process’. Merriam-Webster defines frivolous as of little...
by hbcmwp | May 31, 2022 | Adjudicators Orders
Under most circumstances, housing pets requires prior approval from the Body Corporate, but how reasonable do the Committee need to be when making this decision? A recent Adjudicator Order looks at Pets within Body Corporate Schemes and the reasonableness of the...
