Strata scheme CTS 14978

Questions to ask before you bid

• 1

  What building defects have been identified, is there a funded rectification plan, and does the builder's warranty still apply?

  Because we found a building-defect dispute on record.

• 2

  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.

• 3

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

• 4

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

• 5

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

Litigation

• Paradise Towers [2024] QBCCMCmr 392

  Other QBCCMCmr 28 October 2024

  REASONABLENESS – whether the committee’s decision to reject a request to display commercial signage on a lot was unreasonable. Act, ss 94(2), 100(5)

• Paradise Towers [2024] QBCCMCmr 192

  Other QBCCMCmr 23 May 2024

  ASSOCIATE – whether a candidate for election was an associate of a service contractor or letting agent; whether the body corporate elected an ineligible person to be a voting member of the committee. ONUS OF PROOF – STANDARD OF PROOF – EVIDENCE whether evidence sufficient to satisfy adjudicator Act, ss 99, 309; Standard Module, s 10.

• Paradise Towers [2024] QBCCMCmr 96

  Repairs and common property QBCCMCmr 12 March 2024

  BY-LAWS – where a by-law requires body corporate approval to display signs on the visible parts of a lot – where the respondent has two signs in his lot that are visible from the common property - whether the signs have been approved by the body corporate or the body corporate has acquiesced to them – whether the signs must be removed.

• Paradise Towers [2022] QBCCMCmr 399

  Management and meetings QBCCMCmr 8 November 2022

  REQUESTED EXTRAORDINARY GENERAL MEETING – where more than 25% of lots’ owners served notice on the committee to request an EGM be called – where the secretary disputed the validity of some signatures on the notice and therefore decided there were not at least 25% of owners as signatories – where the secretary did not call the requested EGM – where the caretaking service contractor as a non-voting committee member called the EGM because the secretary failed to call the EGM – whether the secretary’s decision that the notice was invalid thereby rendered it a nullity – whether a non-voting committee member is a committee member who may call a requested EGM which the secretary has failed to call – where the notice also requested the non-voting member to call the EGM in the event the secretary did not call it – whether the signatories’ written request for another committee member to call the EGM must come after and separately from the notice served on the secretary. REASONABLENESS – where the body corporate passed a motion to reserve as a restricted issue for the committee any decision concerning a remedial action notice – whether the decision was unreasonable ASSOCIATE – where caretaker is mortgagor for property owned by committee member’s spouse – whether a mortgagor / mortgagee relationship is the type of association which renders a person ineligible to be a committee member Act, ss 94, 309; Standard Module, ss 84, 85

• Paradise Towers [2022] QBCCMCmr 306

  Repairs and common property QBCCMCmr 17 August 2022

  APPLICATION FOR INTERIM ORDERS – whether the caretaking service contractor should be prevented, without body corporate consent, from changing the locks to an area of common property over which it has a non-exclusive occupation authority. Act, ss 94(1)(a), 95(1), 149B(1)(a), 229(2), 279(1), 318; Standard Module, s 157.

• Paradise Towers [2022] QBCCMCmr 270

  Management and meetings QBCCMCmr 18 July 2022

  REQUESTED EXTRAORDINARY GENERAL MEETING – where owners served notice on the committee to requested the committee to call an EGM – where the secretary disputed the validity of the requested EGM notice and did not call the requested EGM – where the caretaking service contractor as a non-voting committee member called the EGM because the secretary failed to call the EGM – whether the secretary’s decision that the notice was invalid thereby rendered it a nullity – whether a non-voting committee member is a committee member who may call a requested EGM which the secretary has failed to call – whether to make interim orders to stop the EGM or the implementation of any resolutions Act, s 279; Standard Module, ss 9, 12, 82, 84, 85

• Paradise Towers [2021] QBCCMCmr 294

  Other QBCCMCmr 16 June 2021

  VALIDITY OF REQUESTED EGM – whether an EGM requested by owners was valid where a committee member other than the secretary called the meeting at the request of only 1 of the owners who signed the original request for an EGM, owners were given less than 21 days’ notice of the EGM, no physical meeting was held, all votes were cast by secret ballot paper, and lot owners’ details were printed on the secret ballot paper in some instances. Standard Module, ss 84, 85, 91, 92, 104, 108; Acts Interpretation Act 1954, ss 38(1)(a), 39A(1)(b).

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.