Sections 227(1)(b) and 229(3)(a) of the Body Corporate and Community Management Act 1997 (Qld) (BCCMA), applying the BCCMA and the Body Corporate and Community Management (Standard Module) Regulation 2008 (Standard Module).

EXPENDITURE - whether spending on capital works unauthorised - whether spending subsequently ratified.

I hereby order that the application is dismissed.

[1] The applicant says body corporate funds were being spent on capital works without the spending being properly authorised by a body corporate or committee resolution. On 20 May 2014, I granted an interim order prohibiting further spending without the spending being authorised by a body corporate resolution. It is now time to consider whether further orders to restrain future spending are necessary.

[2] All owners were invited to make submissions. A number of owners and committee members provided information that satisfies me the chairperson did commit the body corporate to spending on capital improvements that had not been properly authorised.

[3] I am pleased to see that, at a general meeting on 1 August 2014, owners voted 30 to nil in favour of a motion arguing against any accepted culture of spending without proper authorisation and confirming any body corporate spending should strictly comply with legislative requirements. Further, I am satisfied by the submissions that the chairperson did commit the body corporate to spending on capital improvements in excess of the amount the body corporate had properly authorised. However, the minutes of the 1 August 2014 general meeting show that owners voted to ratify and approve this additional spending. I am therefore satisfied the present dispute has been overtaken by events and no further orders are necessary. The application will therefore be dismissed.