Strata scheme CTS 38112

Questions to ask before you bid

• 1

  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.

• 2

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

• 3

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

• 4

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

Litigation

• Riverstone Crossing - Riverstone [2023] QBCCMCmr 98

  By-laws QBCCMCmr 7 March 2023

  BY-LAWS – whether a by-law requiring compliance with design covenants is invalid because it is inconsistent with a local law or because it prohibits rather than regulates. COMMITTEE RESOLUTION – whether the body corporate committee acted unreasonably when deciding not to relax the design covenants to permit a fence to remain, where the fence was erected to comply with a local law concerning the keeping of animals. Act, ss 94(1)(b), 100(5), 169(1)(a)(i), 180(1)&(7).

• Riverstone Crossing - Riverstone [2022] QBCCMCmr 278

  Other QBCCMCmr 28 July 2022

  BODY CORPORATE PROPERTY – whether the respondents must comply with a request to return body corporate property – BODY CORPORATE MANAGER – whether the respondents are engaged as body corporate manager. Act, ss 14, 94, 100, 101, 119, 149B, 227, 229, 270 Standard Module, ss 71-73, 116, 133-142, 235

• Riverstone Crossing - Riverstone [2022] QBCCMCmr 182

  Other QBCCMCmr 13 May 2022

  INTERIM ORDER – whether interim orders are warranted. Act, s 279

• Riverstone Crossing - Riverstone [2022] QBCCMCmr 65

  By-laws QBCCMCmr 22 February 2022

  APPLICATION FOR INTERIM ORDERS – whether the body corporate should be prevented from acting upon a by-law contravention notice until I can decide whether the by-law is invalid; whether a by-law requiring compliance with design guidelines is invalid because it prohibits rather than regulates or because it forces the applicant to breach a local government regulation; whether the committee acted unreasonably when deciding to issue the by-law contravention notice. Act, ss 100(5), 169, 180, 279(1).

• Riverstone Crossing - Riverstone [2021] QBCCMCmr 535

  Repairs and common property QBCCMCmr 25 November 2021

  REASONABLENESS – where subsidiary body corporate resolved to instruct representative to vote in support of principal body corporate undertaking maintenance on PBC land to stop flooding acting SBC lot – where SBC owner says the works would only benefit one owner and the flooding is due to the other owner not siting constructing their residence properly, and the works should be funded by that owner as an improvement to common property – whether unreasonable for SBC to vote in favour of PBC undertaking and paying for the works. Act, s 100(5)

• Riverstone Crossing - Riverstone [2021] QBCCMCmr 267

  Other QBCCMCmr 1 June 2021

  INTERIM ORDER – whether an interim order is necessary because of the nature or urgency of the circumstances to which the application relates. Act, s 279

• Riverstone Crossing - Riverstone [2021] QBCCMCmr 262

  Other QBCCMCmr 31 May 2021

  APPLICATION FOR INTERIM ORDERS – whether the body corporate should be prevented from giving effect to a motion to re-appoint its body corporate manager pending final orders because owners were not presented with at least 2 quotations as a group of same-issue motions. Act, s 279(1); Standard Module, ss 81(1), 173.

• Riverstone Crossing - Riverstone [2021] QBCCMCmr 253

  Management and meetings QBCCMCmr 26 May 2021

  RESOLUTION OF THE BODY CORPORATE – validity of resolution MAJOR SPENDING BY THE BODY CORPORATE – Requirement for approval by general meeting & for lot owners to be given at least 2 quotes section 173 Standard Module.

• Riverstone Crossing - Riverstone [2021] QBCCMCmr 138

  Repairs and common property QBCCMCmr 24 March 2021

  BODY CORPORATE FUNCTIONS – REASONABLENESS – INTERIM ORDER – where subsidiary body corporate committee voted to instruct its representative to vote in favour of the principal body corporate conducting drainage works on PBC common property – where owner in SBC alleges the works would benefit only one owner in the SBC and the work is not a PBC obligation – whether to grant interim order to stop SBC instructing representative to vote in favour of the works by the PBC Act, ss 94(1), 94(2), 100(5)

• Riverstone Crossing - Riverstone [2021] QBCCMCmr 17

  Management and meetings QBCCMCmr 14 January 2021

  GENERAL MEETING MOTIONS – whether 4 motions considered at a general meeting were valid. Act, ss 94, 270; Standard Module, ss 72, 80

• Riverstone Crossing - Riverstone [2020] QBCCMCmr 287

  Costs and procedure QBCCMCmr 29 May 2020

  COMMITTEE ELECTION – whether the elected chairperson was eligible to be a voting member of the committee – whether ballot papers with multiple votes for executive committee positions were valid – whether the election was valid – JURIDICTION – whether the orders sought are within the jurisdiction of an adjudicator - TIME LIMIT – whether the time limit for bringing the application should be waived. Act, ss 15, 227, 242, 309; Standard Module, ss 10, 21, 91

• Riverstone Crossing - Riverstone [2020] QBCCMCmr 288

  Other QBCCMCmr 29 May 2020

  COMMITTEE ELECTION – whether the elected chairperson was eligible to be a voting member of the committee – whether ballot papers with multiple votes for executive committee positions were valid – whether the election was valid – TIME LIMIT – whether the time limit for bringing the application should be waived. Act, ss 15, 242, 309; Standard Module, ss 10, 21, 91

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.