We applied to have our son and his dog visit us at our unit. This request was denied. Are we entitled to be given a 'reasonable' reason for the decision other than the committee not liking animals?
We applied to have our son and his dog visit us at our unit. This request was denied:
"The xxxxxx Corporate Committee has voted on your request to have your son's pet visit the complex, and the motion was not passed, so you cannot have the dog visit."
I asked for a valid reason as to why and we have received no response.
As an owner, are we entitled to be given a 'reasonable' reason for the decision other than the committee not liking animals?
The committee has an obligation to act reasonably however is not obliged to provide detailed reason for its decision.
The committee:
- has an obligation to act reasonably; however
- is not obliged to provide detailed reason for its decision.
In Riverbend Gardens [2016] QBCCMCmr 507 the adjudicator relevantly provided:
[36] The three Dorney decisions discussed above say that unless there is a statutory obligation to do so (which does not exist in the body corporate legislation), there is no obligation on a person to advance specific grounds or reasons for their decision at the time of the decision. Although it may be unreasonable to give no explanation of a decision, I agree a body corporate does not necessarily have an obligation to give the applicant comprehensive grounds for its decision.
If any dispute resolution application is made, ultimately the committee would need to justify its decision in front of an adjudicator. Without a valid reason – an application would be successful in overturning the committee's decision.
It may be worthwhile pointing this out to the committee in an effort to avoid the need for such an application to extract details of the reasons for the decision.
Log in to your existing Lookupstrata Account to download the printable file.
Todd is an experienced property lawyer who heads up Mahoneys body corporate team.
Todd specialises in body corporate law and predominantly acts for bodies corporate, body corporate managers and lot owners on all matters affecting bodies corporate.
Todd is an active member of the Strata Community Association (Qld). In 2019 he was appointed to the Strata Community Association (Qld) legislation committee and assists in making submissions on behalf of the Strata Community Association (Qld) on issues such as legislative reform in body corporate law.
As Todd is also a body corporate committee member, he understands the day to day requirements of administering a body corporate.
Todd has a focus on achieving practical and commercial results for his clients and understands the market in which bodies corporate operate within.
Todd also provides body corporate managers, and other industry stakeholders, with presentations and training on matters affecting the body corporate industry.
Lookupstrata Directory
Looking for QLD Strata Specialist in your area? Search within our LookUpStrata Directory for the best list of contacts available
Search the directory
Comments
Log in to leave a comment