Wandilla Place [2000] QBCCMCmr 432 (29 August 2000)

RA MeekREFERENCE: 0477-2000

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	3468
Name of Scheme:	Wandilla Place
Address of Scheme:	15 Pine Avenue Beenleigh QLD 4207

TAKE NOTICE that pursuant to an application made under the abovementioned Act by the Body Corporate committee


RA MeekI hereby order that the application for an order of an adjudicator authorising the committee of the body corporate to spend funds above the relevant limit for committee spending for this scheme, is approved.

I further order that the committee of the body corporate is authorised to spend funds up to a maximum of $8000 on rectification of damage to a lot caused by termite infestation, and other preventative action in respect of termites. $8000rectification of damage to a lot caused by termite infestation, and other preventative action in respect of termitesn
STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0477-2000

“Wandilla Place” CTS 3468

The applicant, the Body Corporate committee, has sought an order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act) that the committee of the body corporate be authorised to spend in excess of its relevant limit for committee spending, on the basis that the spending is required to meet an emergency. Specifically, the order is sought to authorise the committee to spend funds up to a maximum of $8000 on rectification of damage to a lot caused by termite infestation, and other preventative action in respect of termites.

Section 103(1) of the Body Corporate and Community Management (Standard Module) (the module) provides in part as follows -

The committee may only carry out a proposal involving spending above the relevant limit for committee spending for the scheme if ... an adjudicator is satisfied that the spending is required to meet an emergency and authorises it under an order made under the dispute resolution provisions.

The module defines the “relevant limit for committee spending” as an amount worked out by multiplying the number of lots included in the scheme by $100. Given that there are 43 lots in this scheme, then the relevant limit for committee spending is $4,300.00. The applicant seeks authorisation to expend up to a maximum of $8000.

In the application, the applicant, after setting out the history of the matter to date, states that emergency circumstances exist due to a number of factors including –

• Rectification work has already commenced;

• Electrical wiring is exposed within the lot;

• Building rubble is present within the lot;

• The structural integrity of the load bearing beam is in question;

• Water supply to the kitchen is disconnected;

• Excessive dust, cement and gyprock particles are affecting the livability of the lot.

Given the way this matter has arising, I am satisfied that an emergency exists warranting an order authorising emergency expenditure on the part of the committee. The committee has previously approved four separate amounts for repairs being progressively $425, $2414, $586 and $2424. This makes a total of $5853 to date. This is approximately $1500 in excess of the committee’s expenditure limit. Additional required repairs of approximately $2100 have now become necessary, bringing the total to date to $7953. In the circumstances, I intend to order that the committee is authorised to expend $8000 in respect of the repairs on an emergency basis.

In the circumstances, I am satisfied, in accordance with section 103(1)(c) of the module, that the spending sought to be authorised is required to meet an emergency.