Paloma [2000] QBCCMCmr 62 (10 February 2000)

P G DanielsREFERENCE: 0046-2000

INTERIM ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	9524
Name of Scheme:	Paloma
Address of Scheme:	93- 97 Albatross Avenue MERMAID BEACH QLD 4218

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

Mr William Peter De Steiger a co-owner of lot 12,



P G DanielsI hereby order that the application for an interim order that:

Defers an Enforcement Notice from the Gold Coast City Council to repair tiles only until the broader issues are considered in the experts’ reports.

is dismissed.1n

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0046-2000

“Paloma” CMS 9524

The applicant, Mr William Peter De Steiger, a co-owner of lot 12, has sought various orders of an adjudicator under the Body Corporate and Community Management Act 1997 regarding the maintenance of the building.

The Applicant, has also sought the following interim order of an adjudicator:

To defer an enforcement notice from the Gold Coast City Council to repair tiles only until the broader issues are considered in the experts’ reports.

Section 225(1) provides that an adjudicator may make an interim order if satisfied, on reasonable grounds, that an interim order is necessary because of the nature or urgency of the circumstances to which the application relates. An adjudicator’s order may contain ancillary or consequential provisions the adjudicator considers necessary or appropriate (section 230(1)).

The applicant seeks final orders in respect of general maintenance work on this building. He seeks an interim order that defers an enforcement notice from the Gold Coast City Council. On its face, that notice requires that the concrete tiled façade of the building be repaired and/or replaced by 17 January 2000.

I do not have power to make the order sought. The notice was issued by the Gold Coast City Council. The empowering provision mentioned in the notice is section 22(1) of the Building Act 1975. I only have power to make orders in respect of the Body Corporate and Community Management Act or a Regulation Module made pursuant to that Act.

If the Body Corporate wants the Enforcement Notice deferred then I suggest that the matter, in the first instance, be taken up with the Council. The Body Corporate may also need to obtain legal advice about the matter.

The application for final orders will now be investigated in accordance with the usual processes undertaken by this office. A final order regarding the application will be made in due course.