Body Corporate and Community Management Act 1997 (Qld) (Act), sections 227and 229(3)(a)

Body Corporate and Community Management (Small Scheme Module) Regulation 2020 (Small Scheme Module)

1. In accordance with section 106 of the Body Corporate and Community Management (Small Schemes Module) 2020 (Qld) the owner of lot 1 is entitled to relocate her power supply and power board from outside lot 1 to a location outside lot 2, as referred to in the quote from JY Industries dated 4 September 2025.
2. The tradesperson engaged by the applicant to undertake the works shall be entitled to do so without obstruction.
3. The works referred to in order 1 will be paid for by the applicant.

[1] Wattle Street Kallangur consists of two lots and is regulated by the Small Scheme Module. The Community Management Statement states that the by-laws in Schedule 4 of the Body Corporate and Community Management Act 1997 apply to this scheme.

[2] The applicant is the owner of lot 2 and seeks the following outcome:

A formal order permitting me to relocate my power supply from the Unit 1 side to my side of the property, in accordance with the electrician's quote and the understanding reached during the conciliation process.

[3] The applicant says this order is required to ensure ongoing access to electricity and to prevent future interference or threats of disconnection. She says that since purchasing her property in April 2022, she has experienced difficulties accessing the main power box, which is located on common property on the lot 1 side. She states that despite numerous requests, access has been refused on numerous occasions.

[4] Lot 1 also keeps a dog in the area of common property adjacent to lot 1, which is usually not restrained. Therefore, for safety reasons, she is unable to enter that area unless the dog is restrained.

[5] In around April 2023, her power supply was switched off twice - first from 7:03 pm to 7:28 pm, and again from 7:34 pm to 7:40 pm. She engaged an electrician to inspect the issue, but entry was refused, preventing access to the main power box.

[6] The applicant sought assistance and subsequently opted for mediation, hoping to resolve the matter amicably. Unfortunately, approximately one month later, after another disagreement, her power was again disconnected.

[7] While the applicant does have a sub-board on her side of the property, the main power supply and meter remains located on common property on Unit 1's side.

[8] Following a recent conciliation facilitated by this Office, she believed they had reached a Goodwill Agreement to resolve the matter. The agreed first step was for an electrician to prepare a quote and scope of works for relocating her power supply. She agreed to cover all associated costs, as the works primarily benefit lot 2. The electrician confirmed that the job is straightforward and would cause minimal disruption to Unit 1 at the site visit. However, she says the owners of lot 1 have now refused to allow this to proceed.

[9] The applicant therefore requests an order permitting the relocation of her power supply to her side of the property to ensure ongoing and unrestricted access to this utility service.

[10] The owners of lot 1 were invited to make a submission. They say that they purchased Lot 1 in June 2006 and have resided here for nearly 20 years. The applicant purchased her lot in April 2022.

[11] They say that during that time they have worked cooperatively with various owners, real estate agents, and tenants regarding shared responsibilities such as maintenance, insurance, and property alterations. However, recent interactions have introduced a level of conflict not previously experienced.

[12] They say they have neither received a formal Notice of entry, nor denied entry to the applicant. They also deny saying that they would not agree to relocation of the lot 2 power or that they would only provide electricity meter reading via SMS at their discretion.

[13] The respondents further deny any intentional disconnection of power to Lot 2. The only known incident occurred 18 January 2022 when their electrician, Dom from Jaric Group inadvertently turned off power to Lot 2. The applicant spoke directly with them and the electrician at the time and a business card advising the incident and follow-up email were provided to explain the situation.

[14] They say that meter readings were consistently provided if or when required during times Energex were unable to enter the property due to no one being home at lot 1 and the presence of the dog.

[15] They are not opposed to relocation of the lot 2 meter from its current location. They say lot 2 delayed the process as the quote in full was not provided as requested and agreed in Conciliation. Lot 1 had requested the Electrician to provide them with a copy of the quote from 4 September 2025 and all correspondence with regards to the re allocation of the meter, but this was not supplied until they chased up the applicant's electrician.

Section 276(1) of the Act provides that an adjudicator may make an order that is just and equitable in the circumstances (including a declaratory order) to resolve a dispute, in the context of a community titles scheme, about-

(a) a claimed or anticipated contravention of the Act or the community management statement; or

(b) the exercise of rights or powers, or the performance of duties, under the Act or the community management statement; or

(c) a claimed or anticipated contractual matter about-

(i) the engagement of a person as a body corporate manager or service contractor for a community titles scheme; or

(ii) the authorisation of a person as a letting agent for a community titles scheme.

An order may require a person to act, or prohibit a person from acting, in a way stated in the order (section 276(2)). An adjudicator's order may contain ancillary and consequential provisions the adjudicator considers necessary or appropriate (section 284(1)).

[16] The applicant is seeking an order authorising her to relocate her power supply and power board from the unit 1 side to her side of the property, in accordance with the electrician's quote and the understanding reached during the conciliation process.

[17] As this scheme is registered on a building format plan, the lots are located within the boundaries of the building and the exterior of the building is common property.

[18] The relocation of her power supply, board, meter and switches involves making an improvement to common property. Attached to the application is a quote from JY Industries to supply and install the above components at a cost of $2,280 (Inc GST).

[19] The making of improvements to common property by lot owners is governed by Section 106 of the Small Schemes Module and provides as follows:

106 Improvements to common property by owner of a lot - Act, s 159 [SM, s 187]

(1) The body corporate may, if asked by an owner of a lot, authorise the owner to make an improvement to the common property for the benefit of the owner's lot.

(2) The improvement must be authorised by ordinary resolution of the body corporate unless -

(a) the improvement is a minor improvement; and

(b) the improvement does not detract from the appearance of any lot included in, or common property for, the community titles scheme; and

(c) the body corporate is satisfied that use and enjoyment of the improvement is not likely to promote a breach of the owner's duties as an occupier.

(3) An authorisation may be given under this section on conditions the body corporate considers appropriate.

(4) An owner who is given an authority under this section -

(a) must comply with conditions of the authority; and

(b) must maintain the improvement made under the authority in good condition, unless excused by the body corporate.

(5) In this section -

minor improvement means an improvement with an installed value of $3,000 or less.

[20] As the cost of the work is less than $3,000 and unlikely to detract from the appearance of the building, I am of the view that the applicant is entitled to undertake the work as of right.

[21] However to avoid any ambiguity and finalise this matter, I also find that it would be unreasonable for the other lot owner to oppose the proposed relocation of the power box.

[22] For the above reasons I make the following orders:

1. In accordance with section 106 of the Body Corporate and Community Management (Small Schemes Module) 2020 (Qld) the owner of lot 1 is entitled to relocate her power supply and power board from outside lot 1 to a location outside lot 2, as referred to in the quote from JY Industries dated 4 September 2025.
2. The tradesperson engaged by the applicant to undertake the works shall be entitled to do so without obstruction.
3. The works referred to in order 1 will be paid for by the applicant.