Strata scheme CTS 16829

Verdict

Cost exposure

• 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

• 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, 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.