by Joe | Jan 29, 2021 | Adjudicators Orders
More and more, when reviewing Adjudicators orders, we are seeing a trend of requests for motions to be invalidated is upheld – on the basis that the motions were not valid in accordance with the legislation. In November 2017, we wrote an article around how motions...
by Joe | Dec 20, 2020 | Adjudicators Orders
If maintenance work is above the Committee Spending Limit, set at $200.00 x the number of lots unless this has been changed at a General Meeting, and is required to be included as a motion at a General Meeting, whether Annual General Meeting (AGM) or Extraordinary...
by Joe | Nov 25, 2020 | Adjudicators Orders
In many of the adjudicator’s orders that we have reviewed outcomes from Annual General Meetings, Committee Meetings or VOCM’s have been overturned on the basis that the decisions made were unreasonable and these orders have generally been sought by Lot Owners. Now...
by Joe | Sep 25, 2020 | Adjudicators Orders
It is important that when a Body Corporate is proposing a motion for work to be done, at a general meeting, that consideration is given to the following: are the works involved “maintenance” or are they “improvements” to the common property; andwhat is the cost of the...
by Joe | Aug 28, 2020 | Adjudicators Orders
If a Body Corporate believes that an owner or occupant is breaching the by laws, the Body Corporate have an obligation under the Body Corporate and Community Management Legislation to enforce the by laws. We have touched on this subject in various other articles,...
by Joe | Jul 27, 2020 | Adjudicators Orders
The case that we are reviewing this month is whether the Body Corporate, through the Committee, has the power to impose a financial penalty on an Owner or Occupant as a fine or reimbursement.The adjudicators order Chevron Renaissance [2020] QBCCMCmr 358 (6 July 2020)...
