Strata scheme CTS 1498

Verdict

Cost exposure

• Serious building-defect rectification

  Indicative per-lot serious-defect rectification levies (NSW Serious Defects in Residential Apartments research report, 2021; strata special-levy reporting). Scaled for: 1 matter.

  $25,000

• Tribunal and legal costs

  Indicative per-lot share of tribunal and legal costs in a strata dispute (NCAT). Scaled for: 4 matters.

  $5,000

Litigation · 4 matters

• Pioneer Court [2021] QBCCMCmr 515

  By-laws QBCCMCmr 16 November 2021

  BODY CORPORATE DEBT – whether an amount allegedly owed to the body corporate under a by-law that permits the body corporate to recover certain expenses from owners is a body corporate debt; whether the by-law is valid; whether the applicant can be prevented from voting, nominating someone for election to the committee, or standing for election to the committee; whether the dispute is a debt dispute and therefore beyond the jurisdiction of an adjudicator; whether the applicant is entitled to reimbursement of his application fee. Act, ss 180(1) & (6), 229A, 280; Small Schemes Module, ss 11, 50(2).

• Pioneer Court [2021] QBCCMCmr 439

  Repairs and common property QBCCMCmr 16 September 2021

  BY-LAWS – whether a by-law applies in the circumstances; whether the Body Corporate has power to enforce particular by-laws. MAINTENANCE – OBLIGATION TO MAINTAIN ACCESS TO LOT – whether body corporate entitled to access to lot to perform maintenance - BCCMA, s 163. REASONABLENESS - BCCMA, s 94. STATUTORY EASEMENTS FOR UTILITY INFRASTRUCTURE- s 115O Land Title Act

• Pioneer Court [2021] QBCCMCmr 128

  Management and meetings QBCCMCmr 19 March 2021

  APPLICATION FOR INTERIM ORDERS – whether the body corporate should be prevented from implementing the decisions of its forthcoming annual general meeting until a decision can be made about whether an owner’s vote and committee nomination were incorrectly excluded on the basis that he owes the body corporate a debt. Act, ss 31, 59(2)(b), 229A, 279; Small Schemes Module, ss 11(3), 50(2).

• Pioneer Court [2021] QBCCMCmr 14

  Building defects QBCCMCmr 13 January 2021

  EGM RESOLUTIONS – whether various unsuccessful EGM motions should be deemed passed; whether it was unreasonable to oppose a motion to grant exclusive use of courtyards because the dissenting owner would not benefit from them; whether the external paintwork at the scheme is not in good condition and requires repainting; whether owners should pay to remedy any defects around their lots prior to repainting; whether committee members should reimburse the body corporate for paint because they did not repaint the scheme to a professional standard; whether a resolution to install a security gate should be revoked after the gate has been installed due to various alleged defects with the authorising motion or problems with the operation of the gate; whether the body corporate should reimburse owners the cost of re-running common property water pipes in a shared wall; whether an owner could construct a balcony on common property without the authority of a resolution without dissent; whether it was unreasonable to refuse to engage a solicitor to seek reimbursement from a company that damaged the scheme roof and was engaged by the committee despite a conflict of interest. Act, ss 20, 21(1), 35(1), 62(2), 94(2), 163, 170, 177(1), 238(1)(a); Small Schemes Module, ss 45(2), 93, 95(2)(a)(i), 98, 108; Land Title Act 1994, ss 48C, 49C(4).

Decisions naming this scheme, from QBCCMCmr via AustLII. The quoted line beneath each is the decision's own catchwords; the topic tag is our grouping of those words. Whether a matter helped or hurt the scheme is not assessed here.

Evidence ledger

What was checked, what it found, how strong the match, and when each source last ran. A source that has not run here yet reads as not checked, never as checked and clear.