Strata scheme CTS 25277

Questions to ask before you bid

• 1

  Has the water-ingress issue that went to the tribunal been fully rectified, and who paid for it?

  Because we found a water/waterproofing 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

• 211 Ron Penhaligon Way Offices [2023] QBCCMCmr 355

  Management and meetings QBCCMCmr 11 September 2023

  COMMITTEE RESOLUTIONS - Validity of, where it is alleged a conflict of interest existed, but was not declared; where those resolutions have been rescinded in general meeting Act, s 279; Commercial Module, ss 30, 35

• 211 Ron Penhaligon Way Offices [2023] QBCCMCmr 327

  Management and meetings QBCCMCmr 24 August 2023

  GENERAL MEETING MOTIONS – whether resolutions purportedly passed at a general meeting were valid – whether the motions should have been ruled out of order. Act, ss 62, 94, 100; Commercial Module, ss 30, 56

• 211 Ron Penhaligon Way Offices [2023] QBCCMCmr 66

  Repairs and common property QBCCMCmr 20 February 2023

  COMMITTEE DECISION – ENCROACHMENT – REASONABLENESS – ACQUIESCENCE – RESTRICTED ISSUE – where lot owner encroached onto common property by enclosing part of common property to incorporate it into use of lot – where proceedings commenced in Supreme Court to regularise encroachment under Property Law Act – where proceedings in BCCM separately commenced challenging validity of committee elections – where committee resolved to remove encroachment wall – whether reasonable to resolve to remove encroachment where Supreme Court proceedings and validity of committee unresolved – whether committee decision was a demand for possession bringing the licence to an end – whether committee decision to bring licence to an end was a restricted issue. Act, ss 94(2), 100(5); Commercial Module, s 17

• 211 Ron Penhaligon Way Offices [2023] QBCCMCmr 21

  Management and meetings QBCCMCmr 23 January 2023

  Validity of committee resolutions where it is alleged a conflict of interest existed, but was not declared; whether interim order should be granted Act, s 279; Commercial Module, ss 30, 35

• 211 Ron Penhaligon Way Offices [2022] QBCCMCmr 398

  Other QBCCMCmr 8 November 2022

  INTERIM ORDER – whether an interim order is warranted. Act, s 279

• 211 Ron Penhaligon Way Offices [2022] QBCCMCmr 338

  Management and meetings QBCCMCmr 9 September 2022

  COMMIITTEE – ELECTION – where committee election nominations by corporate owners were accepted for the AGM papers – where the AGM chair declared the nominations were invalid including for non-compliance with section 127 of the Corporations Act 2001 – where votes for those candidates were not counted – where results of committee elections were potentially affected – whether the nominations were valid – whether nominations by corporate owners must comply with section 127 of the Corporations Act 2001 DECLARATIONS – whether requested declarations are appropriate to make Act, s 276; Commercial Module, s 11

• 211 Ron Penhaligon Way Offices [2022] QBCCMCmr 302

  Repairs and common property QBCCMCmr 15 August 2022

  INTERIM ORDER – where interim order sought to restrain committee acting on resolutions to remove lot’s encroachment onto common property – where applicant lot owner has instituted proceedings in the Supreme Court to regularise the encroachment – whether committee decisions to demand possession were unreasonable or were on a restricted issue – whether adjudication is the appropriate jurisdiction to make an interim order substantively about a dispute before a Court. Act, s 279; Commercial Module, s 17

• 211 Ron Penhaligon Way Offices [2022] QBCCMCmr 240

  Repairs and common property QBCCMCmr 28 June 2022

  IMPROVEMENT TO COMMON PROPERTY; BY-LAWS – whether a lot owner installed telecommunications equipment upon common property without body corporate approval; whether the installation was contrary to the regulation or by-laws; whether the owner should seek body corporate approval for the installation or remove it. Act, s 94(1)(a); Commercial Module, ss 133-134; Land Title Act 1994, s 115O(1).

• 211 Ron Penhaligon Way Offices [2022] QBCCMCmr 230

  Repairs and common property QBCCMCmr 17 June 2022

  ONUS OF PROOF – STANDARD OF PROOF – EVIDENCE –connection of plumbing from within Lot 3 to the sewer line on the common property – whether wastewater pipe was previously connected to sewer line – where no direct evidence of fault or omission by the body corporate – whether evidence sufficient to satisfy adjudicator of body corporate liability\_‑\_ – meaning of balance of probabilities

• 211 Ron Penhalligon Way Offices [2021] QBCCMCmr 599

  Other QBCCMCmr 22 December 2021

• 211 Ron Penhaligon Way Offices [2021] QBCCMCmr 533

  Repairs and common property QBCCMCmr 24 November 2021

  Resolution to grant licence over area of common property made by administrator exercising powers of body corporate – whether valid. Act, s 94

• 211 Ron Penhaligon Way Offices [2020] QBCCMCmr 299

  Costs and procedure QBCCMCmr 3 June 2020

  COMMITTEE – whether the body corporate had decided the way to conduct the election of the committee; whether there is good reason to consider invalidating the election of the committee. ADMINISTRATOR – whether an order is required to appoint an administrator. COSTS – whether to dismiss the application under section 270(1)(c) of the Act and award costs against the applicants. Act, ss 99, 242, 270; Commercial Module, ss 10, 14.

• 211 Ron Penhaligon Way Offices [2020] QBCCMCmr 300

  Other QBCCMCmr 3 June 2020

  COMMITTEE – whether the committee had power to make a body corporate decision; whether the committee acted reasonably making a body corporate decision. Act, ss 94, 100, 101, 108-110; Commercial Module, ss 18, 26

• 211 Ron Penhaligon Way Offices [2020] QBCCMCmr 301

  Other QBCCMCmr 3 June 2020

  ADMINISTRATOR – whether it is just and equitable in the circumstances to appoint an administrator. Act, ss 276, 301.

• 211 Ron Penhaligon Way Offices [2020] QBCCMCmr 134

  Other QBCCMCmr 17 March 2020

  EGM REQUISITIONED BY LOT OWNERS – WHETHER EGM CALLED IN ACCORDANCE WITH SECTION 43 COMMERCIAL MODULE -WHETHER COMMITTEE DECISIONS MADE IN ACCORDANCE WITH SECTION 28 COMMERCIAL MODULE Section 276 Act Sections 28, 35, 39, 43 Commercial Module

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.