Body Corporate and Community Management (Accommodation Module) Regulation 2020 (Accommodation Module)

APPLICATION TO CANCEL INTERIM ORDER - where the respondent in this matter has sought to cancel the interim order made on 5 Setpemeber 2025 - whether the interim order remains warranted in the circumstances.

1. The interim order made on 5 September 2025 (Notting Hill Terraces [2025] QBCCMCmr 304) will continue to have effect until 12 months has elapsed since the date of that order, a further interim or final order for the application is issued, or until the application is withdrawn or otherwise ended, whichever is earlier.

• [1] The applicants in this matter are Mario and Fiona Grossi. The respondent is the Body Corporate for Notting Hill Terraces.
• [2] The applicants sought twelve interim orders broadly about expenditure, body corporate records, compliance with codes of conduct and proposed maintenance works. The application for interim orders was referred to department adjudication.
• [3] On 5 September 2025, I issued an interim order that if motion 2 of the extraordinary general meeting (EGM) scheduled for 8 September 2025 was passed, the body corporate would be restrained from implementing the motion. Motion 2 was seeking the body corporate to authorise the quote for carpentry works to repair the gables obtained from Kylock Constructions Pty Ltd (Kylock).[1]
• [4] While I made the above interim order in relation to motion 2 of the EGM, I noted an adjudicator may vary or cancel an interim order until a final order is made.[2] I said that if the body corporate could provide evidence that there were exceptional reasons which established that it was impractical to obtain two quotes for the carpentry works, it may wish to apply for the interim order to be cancelled or varied.
• [5] On 9 September 2025, the Body Corporate for Notting Hill Terraces wrote to this office advising that motion 2 was passed at the EGM with 29 votes in favour, four against and one abstaining. It requested that the interim order be cancelled for exceptional reasons.
• [6] The body corporate explained that it attempted to obtain a second quote for the carpentry works but was unable to do so. It says builders are in short supply and the matter was urgent. It says it approached the painting contractors and the caretakers, but neither could assist in obtaining a second quote for the carpentry works. It noted that some contractors refuse to work with body corporates.
• [7] The body corporate says it was under pressure to call the EGM due to the cost implications if the carpentry works were delayed and the painting contractors were unable to complete their work without leaving and returning once the gables have been repaired. The body corporate has now provided a quote from the painting contractors which sets out that an additional cost of $1,470 (including GST) will apply if the contractor has to return to complete the painting of the gables at a later date.[3]
• [8] Included with its request to cancel the interim order, the body corporate has provided two quotes for the carpentry works required on the rear gables namely: (1) an updated quote from Kylock dated 8 September 2025; and (2) a quote from Master-HomePro (trading as Mehdi Ayaz) dated 7 September 2025.
• [9] The body corporate says it is now in an exceptional situation and requests that the interim order be cancelled because a second EGM will result in additional costs of $3,267.75 to the body corporate, being the extra cost for the painting contractors to return at a later date and the cost of holding a second EGM.

• [10] As set out in the interim order I made on 5 September 2025, section 163 of the Accommodation Module provides that where a motion to be moved at a general meeting proposes the carrying out of work which will be more than the scheme's relevant limit for major spending, two quotes for the works must be provided. However, if for exceptional reasons, it is not practicable to obtain two quotes, a single quote may be obtained.
• [11] The 'relevant limit for major spending' means (a) the amount last set for major spending by ordinary resolution of the body corporate at a general meeting, or (b) the lesser of the amount worked out by multiplying $1,100 by the number of lots in the scheme or $10,000.[4] There is no material before me to suggest the body corporate has passed a motion to set a relevant limit for major spending and accordingly, the major limit for the scheme would be $10,000.
• [12] Based on the materials before me, I am satisfied the cost of the required carpentry works is above the scheme's relevant limit for major spending. Accordingly, two quotes must be provided for the works unless, for exceptional reasons, it is impractical to obtain two quotes, then a single quote may be provided.
• [13] In the interim order, I explained that if the body corporate could provide evidence there are exceptional reasons which establish it was impractical to obtain two quotes for the carpentry works, it may wish to apply for this order to be cancelled or varied. I said for example, if the body corporate could show it had made reasonable attempts to contact other builders requesting quotes for the carpentry works and no other builders were available to provide a quote in a reasonable time.
• [14] In its request to vary the interim order, the body corporate argues that it attempted to obtain a second quote for the carpentry works but was unable to obtain one. It further says that builders are in short supply. However, it appears that immediately on receiving the interim order, the body corporate sought a second quote for the remaining carpentry works and one was obtained on 7 September 2025.[5]
• [15] In light of this, it seems there are contractors available to quote for the carpentry works in a reasonable timeframe. Accordingly, I am not satisfied there were exceptional reasons which meant it was not practicable for the body corporate to obtain two quotes for the carpentry works. I therefore decline to cancel the interim order I made on 5 September 2025.

• [16] I have declined to cancel the interim order I made on 5 September 2025. The interim order will continue to have effect until 12 months have elapsed since the date of that order, a further interim or final order for the application is issued, or until the application is withdrawn or otherwise ended, whichever is earlier.
• [17] I note the body corporate has asked that, in the event I refused to cancel the interim order, I confirm if it needs to include the quote for the 'completed' work in the next EGM and it asks what to do if owners fail to approve the further motions.
• [18] My role as an adjudicator requires that I determine dispute resolution applications made to this office. I am not able to provide advice to parties. The body corporate may wish to seek its own independent legal advice on next steps.

[1] The application for interim orders was otherwise dismissed.

[3] At the time the interim order was granted the body corporate did not have a figure for the extra cost which would be incurred.

[4] See Schedule 1 of the Accommodation Module

[5] An updated quote from Kylock was also obtained on 8 September 2025.