Strata scheme CTS 12996

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: 8 matters.

  $6,300

Litigation · 8 matters

• Focus [2024] QBCCMCmr 445

  Levies and contributions QBCCMCmr 5 December 2024

  FINANCIAL MANAGEMENT – whether levies were raised and increased in accordance with the legislation – whether required documentation about spending was provided to owners – whether reimbursements to a committee member were valid – whether committee expenditure was valid – COMMITTEE ELECTION – whether a committee election was valid – BODY CORPORATE MANAGER – whether an engagement should be terminated – LETTING AGENT – whether an authorisation should be terminated – GENERAL MEETING MOTIONS – whether motions were valid – COSTS – whether the application was frivolous, vexatious, misconceived or without substance – whether costs should be awarded against the applicant. Act, ss 150, 227, 242, 270, 276; Accommodation Module, ss 44, 45, 142, 150, 162

• Focus [2024] QBCCMCmr 24

  Levies and contributions QBCCMCmr 22 January 2024

  EGM RESOLUTION striking SPECIAL CONTRIBUTION – whether valid. Act, s 150; Accommodation Module, ss 89(3)(b), 106, 150(1), 152(2), 163

• Focus [2023] QBCCMCmr 493

  Insurance QBCCMCmr 20 December 2023

  PROPERY DAMAGE – where the applicant claims a window was damaged by the body corporate’s cleaning contractor – whether the body corporate is responsible for the cost of replacing the window – INSURANCE EXCESS – where an intruder damaged the applicant’s garage doors – where the damage was covered by insurance – whether the body corporate should pay the insurance excess. Act, s 94(2), 100(5), 281; Accommodation Module, ss 170, 201, 203

• Focus [2023] QBCCMCmr 448

  By-laws QBCCMCmr 15 November 2023

  BY-LAW – where a lot owner complains of noise from the lot above – where a by-law requires owners to take all reasonable steps to minimize noise from moving furniture on hard floors – whether the body corporate ought to be ordered to issue a contravention notice to the owner. Act, s 182

• Focus [2023] QBCCMCmr 270

  Building defects QBCCMCmr 18 July 2023

  APPLICATION FOR INTERIM ORDERS – where the body corporate has billed an owner for costs allegedly resulting from a water leak from the owner’s defective bathroom renovations, citing conditions of approval under a by-law and various provisions of the Accommodation Module; whether the application relates to a debt dispute and is beyond an adjudicator’s jurisdiction. Act, ss 59(2)(b), 180(6), 229A; Accommodation Module, ss 201(3), 202.

• Focus [2023] QBCCMCmr 132

  Repairs and common property QBCCMCmr 24 March 2023

  INSURANCE EXCESS – where a water leak in a lot damaged the lot below – where the body corporate determined that the owner of the leaking lot was responsible for the insurance excess – where that owner has not paid the insurance excess – where the owner of the damaged lot is unable to proceed with repairs until the amount of the excess is paid - whether the body corporate should pay the excess. Act, ss 94(2), 100(5); Accommodation Module, ss 193

• Focus [2023] QBCCMCmr 35

  Other QBCCMCmr 31 January 2023

  INTERIM ORDER – where requested interim orders are mandatory injunctions which impose a burden on the respondent and go beyond maintaining the status quo – whether interim order is warranted. Act, s 279

• Focus [2021] QBCCMCmr 387

  Other QBCCMCmr 19 August 2021

  PROPERTY DAMAGE – whether the body corporate must reimburse the applicant for damage allegedly caused to his bathroom by agents of the body corporate when investigating a leak. WATER BILL – whether the body corporate must reimburse the applicant for a water bill paid while he had the water to his lot turned off at the request of the body corporate. Act, ss 196, 281.

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.