The Quartermain [2000] QBCCMCmr 609 (24 November 2000)

P G DanielsREFERENCE: 0454-2000

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	2505
Name of Scheme:	The Quartermain Body Corporate
Address of Scheme:	C/- Secretary Ms Bolton 649 Main Street KANGAROO POINT QLD 4169

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

Bruno Bedrossian a co-owner of lot 4



P G DanielsI hereby order that the application for an order that a refund of $111.68 be made to the applicant is dismissed.1n
STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0454-2000

“The Quartermain Body Corporate” CTS 2505

The applicant, Bruno Bedrossian, a co-owner of lot 4, has sought an order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act) that refunds an amount of $111.68.

Section 223(1) provides that an adjudicator may make an order that is just and equitable in the circumstances (including a declaratory order) to resolve a dispute, in the context of a community titles scheme, about –

a) a claimed or anticipated contravention of the Act or the community management statement; or

b) the exercise of rights or powers, or the performance of duties, under this Act or the community management statement; or

c) a claimed or anticipated contravention of the terms, or the termination of, or the exercise of rights or powers under the terms of, or the performance of duties under the terms of an engagement contract or an authorisation contract.

An order may require a person to act, or prohibit a person from acting, in a way stated in the order (section 223(2)). An adjudicator’s order may contain ancillary or consequential provisions the adjudicator considers necessary or appropriate (section 230(1)).

The owners of lot 4, Bruno and Frances Bedrossian, received a notice of contribution dated 29 March 2000 that required a total amount of $4825.96 to be paid. The notice shows the total amount was comprised of the following:

Current contribution: $646.50
Accumulated penalties: $523.36
Unpaid contributions: $3656.10

The unpaid contributions included fees for the recovery of costs.

A discount of $120 was applicable on the current contribution if the amount was paid by 1 May 2000.

The applicant states he paid $4825.96 on 7 May 2000. The Secretary, Marguerite Bolton, states in her submission that the body corporate manager for the scheme did not receive the payment until 10 May 2000. The relevant point is that the amount was not paid until after 1 May 2000.

The owners of lot 4 then received a receipt from the body corporate manager, David Nicklinson of Nicklinson Realty, for the amount paid but which also stated that a further $96.76 was owing. That consisted of $84.26 penalty interest on unpaid contributions for the month of April and a secretarial fee of $12.50 for issuing the receipt.

The owners of lot 4 received a further notice of contribution dated 22 June 2000 which indicated the amount outstanding had grown to $111.68. The Secretary in her submission states that the amount increased due to a $12.50 secretary fee for preparing a schedule of unpaid contributions and costs and a further $2.42 as a penalty for unpaid contributions from 1 May 2000 to 10 May 2000. The secretary also states, “The body corporate also decided that any owners with outstanding levies will be responsible for the costs of the body corporate manager in recovering those outstanding monies.”

The applicant seeks a refund of the $111.68.

It is important to note that the jurisdiction of an adjudicator does not extend to debt recovery actions. A debt recovery action occurs in a Tribunal or Court.

My jurisdiction relates to whether the actions of the Body Corporate have been reasonable: section 87 of the Act.

I am unable to find that the Body Corporate has acted unreasonably. The applicant did pay the amount of $4825.96 however it was paid after another month elapsed for penalty interest to accrue. The penalty interest accounts for most of the $111.68. I am unable to find the Body Corporate acted unreasonably in charging for the secretarial services. The other amount of $2.42 is very small however the Secretary in her submission has explained why it was charged.

In light of the above, I dismiss the application.