APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – ERROR OF LAW – where s 289(2) of the Body Corporate and Community Management Act 1997 (Qld) allows a person aggrieved by an Adjudicator’s order to appeal on a question of law to the Queensland Civil and Administrative Tribunal – what is error of law – whether there was an error of law REAL PROPERTY – STRATA AND RELATED TITLES – MANAGEMENT AND CONTROL – BODY CORPORATE: POWERS, DUTIES AND LIABILITIES – GENERALLY – LOT OWNER’S RIGHTS TO USE COMMON PROPERTY – where a motion purports to limit access to the common property recreational facilities to only certain Lot owners and guests thereby excluding the other lot owners in the Scheme from accessing the common property facilities RESOLUTION OF BODY CORPORATE to COMMITTEE RESOLUTION – whether a committee resolution to change the security gate locks from coded locks to security key locks and issue one security key to each lot owner, was a decision on a restricted issue and therefore invalid.
Body Corporate and Community Management Act 1997 (Qld), s 35, 45, 94 and 100; Commercial Module, ss 17(1) (a) Body Corporate and Community Management Act 1997 (Qld) (Act), sections 35, 45, 227, 229(3)(a), 276, 289, and 290 and Body Corporate and Community Management (Commercial Module) Regulation 2020 (Commercial Module), s 17 Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 146 Clarke & Anor v Body Corporate for Turner Park Shopping Village CTS [2019] QCATA 51 Reef Terraces (Two) [2022] QBCCMCmr 344 Reef Terraces (Two) [2022] QBCCMCmr 433 Thompson v Body Corporate for Arila Lodge & Anor
[2018] QCATA 56 Thornton Tower [2006] QBCCMCmr 74 Turtle Beach [2006] QBCCMCmr 363 Villanella [2017] QBCCMCmr 248
Reef Terraces (Two) CTS 18180 v The Body Corporate for Reef Terraces CTS 888 [2023] QCAT 326 (8 September 2023)
