Strata scheme CTS 16829

Questions to ask before you bid

• 1

  What by-laws apply to pets, parking, short-stay letting, and renovations, and have any been disputed?

  Because we found a by-law matter on record.

• 2

  What is the capital works (sinking) fund balance, its adequacy ratio, and the 10-year plan?

• 3

  Are any special levies raised, proposed, or scoped-but-not-yet-levied?

• 4

  Can I see the last two years of AGM minutes, including any motions that were defeated?

Litigation

• Santorini by the sea [2021] QBCCMCmr 392

  Other QBCCMCmr 20 August 2021

  whether a motion proposing the engagement of a person as a body corporate manager complied with the legislation; whether it is just and equitable in the circumstances to dismiss a request to invalidate such a motion because of a contravention of the Act; whether the outcome sought is no longer relevant or required Act, ss 122, 276

• Santorini By The Sea [2020] QBCCMCmr 255

  Repairs and common property QBCCMCmr 19 May 2020

  CARETAKING SERVICE CONTRACTOR – where dispute about status of caretaker agreement – where body corporate purported to pass motion to cease acquiring caretaking services – where motion purported to extinguish jurisdiction for caretaker to take proceedings in QCAT – where motion described caretaker as “past” caretaker – whether motion unlawful – whether voters were misled – whether to invalidate motion REASONABLENESS – where motion requires external common property gate to be kept closed – where caretaker alleges keeping gate closed would affect letting business – whether resolution was unreasonable BODY CORPORATE POWERS – BODY CORPORATE DEBT – where motion requires common property gate to be kept closed – where motion purports to create body corporate right to recover as a body corporate debt costs of attendance, remedy or repair against persons manipulating or interfering with operation of gate – where motion alleged to be a purported by-law – whether to invalidate resolution ELECTRONIC VOTING – where general meeting proposed motion to approve electronic voting and also invited electronic voting for that meeting – where two versions of voting paper issued – where lack of a vote on a motion was recorded as an abstention – whether to invalidate electronic voting motion – whether to invalidate votes cast electronically COMMUNITY MANAGEMENT STATEMENT – where motion sought to create easement – where separate motion sought to record new CMS for easement – where same CMS motion proposed to record change of regulation module – where CMS motion allegedly did not clearly disclose change of regulation module – where easement motion defeated but new CMS recorded to change regulation module – whether to invalidate CMS motion – whether to order new CMS be recorded to revert to previous regulation module BODY CORPORATE RECORDS – where request for access to body corporate records – where request denied because request referred to incorrect regulation module – where request denied because access seeker requested to see all of the records – where request denied because access seeker wished to bring family member – where request denied because access seeker had commenced legal proceedings – whether to order to allow access – whether to order that family member be allowed to attend inspection. Act, ss 94(2), 204, 205; Standard Module, ss 86(1)(d), 96(1)

• Santorini By The Sea [2020] QBCCMCmr 44

  By-laws QBCCMCmr 30 January 2020

  RESOLUTIONS – where body corporate resolved to issue notice to caretaker to cease acquiring services – where caretaker alleges that notice designed to extinguish QCAT jurisdiction to hear dispute about caretaking service contractor agreements and limit other future remedies – whether any contravention of legislation – whether BCCM or QCAT is appropriate jurisdiction BY-LAWS – REASONABLENESS –where body corporate passed resolution requiring external pedestrian gate to be kept closed – where applicant alleges that resolution purports to be a by-law and impose a penalty – where applicant alleges keeping gate closed will disrupt his letting agent business – where applicant alleges rationale for keeping gate closed is not genuine – whether resolution purports to create by-law or ‘house rule’ – – whether resolution purports to impose penalty – whether decision to make resolution unreasonable INTERIM ORDER – whether to grant interim order Act, ss 94(2)

• Santorini By The Sea [2020] QBCCMCmr 34

  Management and meetings QBCCMCmr 22 January 2020

  GENERAL MEETING – whether opposition to a motion requiring a resolution without dissent is unreasonable. Act, ss 276(1) and (3), Schedule 5 Item 10.

Decisions naming this scheme as a party, from QBCCMCmr via AustLII. The line beneath each matter is the decision's own catchwords, quoted; the topic tag is our grouping of those words and reads "Other" when they do not clearly fit, so you can always check it against the source. Every matter links to the full decision. Whether a matter helped or hurt the scheme is not assessed here.