A recent adjudication decision serves as a critical reminder for all lot owners: you must strictly comply with body corporate by-laws before swinging a hammer.
The case involved an owner who began renovating their unit without providing the proper paperwork to the Committee for the Body Corporate’s approval.
Despite the owner’s claims that the body corporate was unhelpful, the Adjudicator sided with the body corporate, ordering all work to cease immediately until correct documentation was submitted by the owner.
The Dispute: Renovations Without Approval
The body corporate’s by-laws clearly stated that before any renovation work could begin, owners must submit:
- Professionally detailed plans and specifications of the work;
- Details of materials to be used; and
- An engineer’s certification proving the changes are not structural.
The lot owner applied for approval sending over a lot of useful documentation – but not all of the documentation required under the by-law, and the onsite manager responded within days to request missing details and attachments.
However, the lot owner never sent the paperwork and started the renovations anyway. This prompted the body corporate to demand that the work stop and to commence an application against the lot owner when the works did not cease.
The Adjudicator’s Ruling
The owner argued that the body corporate was slow and unresponsive. The Adjudicator completely rejected this claim, finding that the body corporate had responded in a timely and helpful manner.
The Adjudicator ultimately ruled that:
- By-laws must be followed before any renovation work begins.
- The owner was at fault for failing to provide the requested documents.
- A complete stop-work order is in place until the owner provides detailed plans of work already done, lists all materials used, and supplies the required engineer’s certificate.
Key Takeaways for Owners
This case highlights that body corporate rules are not optional suggestions. To avoid costly project delays or legal orders, always remember:
- Check the by-laws first: Every building has different rules regarding renovations.
- Submit full documentation: Approvals cannot be granted on incomplete applications.
- Wait for the green light: Do not start any physical work until you have formal, written approval.
If you want to read the case in full – you can go here: https://classic.austlii.edu.au/au/cases/qld/QBCCMCmr/2026/265.html