The Owners - Strata Plan No. 568 v Levitin; Levitin v The Owners - Strata Plan No. 568

The Owners of Strata Plan No. 568 brought proceedings against Levitin, the owner of Lot 2 in the strata scheme, and vice versa, in the Queensland Civil and Administrative Tribunal (QCAT). The dispute concerned the management of common property within the strata scheme and the appointment of a strata manager. The Owners sought to implement a by-law to address the state of disrepair of common property, and Levitin sought the compulsory appointment of a strata manager.

The key legal issues were whether the refusal of the proposed by-law was unreasonable and whether the compulsory appointment of a strata manager should occur. In relation to the by-law, the tribunal found that the refusal was unreasonable, as it was necessary to address the state of disrepair and the lack of compliance with the body corporate’s by-laws. Regarding the compulsory appointment of a strata manager, the tribunal found that there was no evidence of deadlock or mismanagement that warranted such an appointment.

The tribunal prescribed the making of the by-law and ordered the Owners to register it with the Registrar-General. The tribunal dismissed the Owners’ application for the restoration of common property and Levitin’s application for compulsory appointment of a strata manager. Any costs application was to be made within 14 days of the decision.