Estens v Owners Corporation SP 11825

The case of Estens v Owners Corporation SP 11825 involved a dispute regarding the validity of a special by-law enacted by an Owners Corporation in a strata scheme. The by-law, which was passed on 16 February 2017, aimed to prohibit illegal uses of the property, including short-term lettings. The appellant, Estens, challenged the by-law's validity, arguing that the Owners Corporation lacked the necessary authority to enact such a by-law under the Strata Schemes Management Act 2015. The matter was heard and determined by the Queensland Civil and Administrative Tribunal (QCAT).

The primary legal issue before the Tribunal was whether the special by-law was validly enacted and if the Owners Corporation had the power to make such a by-law. Specifically, the Tribunal had to determine if the by-law could operate to prohibit or restrict the devolution of a lot or a transfer, lease, mortgage, or other dealing related to a lot, as stipulated under the Act. The Tribunal also considered whether the by-law was in line with the provisions of the Act and if it exceeded the legislative powers conferred upon the Owners Corporation.

In its decision, the Tribunal held that the special by-law was invalid as it was beyond the legislative powers of the Owners Corporation. The Tribunal reasoned that the by-law had the effect of prohibiting or restricting the devolution of a lot, a power that the Act did not confer upon Owners Corporations. Consequently, the by-law was declared invalid. The Tribunal ordered the Owners Corporation to lodge a certified copy of the Tribunal's order with the Registrar General, accompanied by the Certificate of Title and any applicable fees, to ensure the order is duly registered.