Strata scheme CTS 40659

Verdict

Cost exposure

• Tribunal and legal costs

  Indicative per-lot share of tribunal and legal costs in a strata dispute (NCAT). Scaled for: 2 matters.

  $3,700

Litigation · 2 matters

• The Sanctuary on Buderim [2026] QBCCMCmr 137

  Repairs and common property QBCCMCmr 7 May 2026

  MAINTENANCE – IMPROVEMENT – DECLARATION – ADVISORY OPINION – JURISDICTION – CONTRACTUAL MATTER The applicant is a lot owner and also the representative for the caretaking service contractor for the scheme. The applicant contends that some of the common property gardens required to be maintained by the caretaker in fact contain improvements which should therefore be maintained by the owners who made them, pursuant to s 187 Standard Module. The applicant put a motion to the committee which if passed would have the committee write to owners informing them that owners’ improvements to gardens must be maintained either my that owner or the body corporate and not by the caretaker. The motion was not passed, on the bases that the changes to the gardens were not improvements and otherwise because all garden maintenance was now the caretaker’s contractual obligation. The applicant says the committee’s position would have the effect of putting that maintenance obligation on the caretaker contrary to its agreement, and would create uncertainty for owners about their obligations to maintain common property improvements. The applicant seeks a declaratory order that the committee’s position on the issue is inconsistent with the legislation. Questions: whether a change to a garden is necessarily an improvement; whether the body corporate entering a caretaking agreement to maintain gardens excuses an owners’ obligation to maintain any improvement; whether a declaration about the committee’s view on legal obligations would be an advisory opinion and hence whether making the order would be within an adjudicator’s power; whether the contractual issue is beyond an adjudicator’s jurisdiction for being a complex dispute about a contractual matter. Body Corporate and Community Management Act 1997 (Qld): ss 229(2), 276(1) Body Corporate and Community Management (Standard Module) Regulation 2020: s 187

• The Sanctuary on Buderim [2026] QBCCMCmr 129

  Management and meetings QBCCMCmr 29 April 2026

  GENERAL MEETING MOTIONS – whether decisions made on two general meeting motions were invalid. Act, ss 242, 270(1)(c); Standard Module, ss 86, 88, 89, 90

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.