A lot owner may rely on any prior approval granted by the Body Corporate in relation to the removal of the palm tree and stumps.
Relevantly:
- section 101 of the Body Corporate and Community Management Act 1997 (Qld) provides that the committee must put into effect the lawful decisions of the Body Corporate.
- in West Court [2004] QBCCMCmr 589 the adjudicator provides:
“As the body corporate has resolved to have the footpath repaired at the recent annual general meeting, there is no longer a dispute and therefore no order is necessary. I would remind the body corporate committee that section 101(2) of the Act requires that “…the committee must put into effect the lawful decisions of the body corporate.” That is, the committee must proceed to have the footpath repairs carried out within a reasonable time”
Holly Dunne
Mahoneys
E: tgarsden@mahoneys.com.au
P: 07 3007 3753