Jardee Place [2000] QBCCMCmr 442 (1 September 2000)

RA MeekREFERENCE: 0493-2000

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	12178
Name of Scheme:	Jardee Place
Address of Scheme:	27 Lasseter Street BRISBANE QLD 4031

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


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 $1800 on the replacement and installation of a new 160 litre storage hot water system servicing units 1 to 4.allowed$1800replacement and installation of a new 160 litre storage hot water system servicing units 1 to 4n quotation from Gildings 24 Hour Plumbing
STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0493-2000

“Jardee Place” CTS 12178

The applicant, The body corporate Jardee Place, 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 $1800 on replacement and installation of a new 160 litre storage hot water system servicing units 1 to 4.

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 9 lots in this scheme, then the relevant limit for committee spending is $900.00. The applicant seeks authorisation to expend up to a maximum of $1800.

In the application, the applicant states that on being advise of no hot water, it was discovered that the hot water system for units 1 to 4 had burst inside the system and needs to be replaced. A quotation for $1767.70 has been obtained. In addition, the applicant advises that 5 of the 9 lot owners have been contacted and have given permission for the replacement of the system.

In addition, the applicant has attached a copy of the quotation from Gildings 24 Hour Plumbing.

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.allowed$1800replacement and installation of a new 160 litre storage hot water system servicing units 1 to 4n quotation from Gildings 24 Hour Plumbing