Balcombe Rise [2000] QBCCMCmr 647 (10 December 2000)

P G DanielsREFERENCE: 0519-2000

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	14449
Name of Scheme:	Balcombe Rise
Address of Scheme:	2 Stanley Street BURLEIGH HEADS QLD 4220

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

Svend Dossing the owner of lot 3



P G DanielsI hereby order that a special resolution of the Body Corporate for Balcombe Rise community titles scheme 14449 passed at an extraordinary general meeting on 14 June 2000 that provides “That approval be hereby given for the proprietor of unit 7 to carry out improvements by building an additional level on top of his unit over the common area roofline as per the attached sketches.” is of no effect and is deemed to have been revoked.1n
STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0519-2000

“Balcombe Rise ” CTS 14449

The applicant, Svend Dossing, the owner of lot 3, has sought orders of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act) that:

1.	Resolution 2 made at an Extraordinary General Meeting of the Body Corporate on 14th June 2000 was unlawful and be set aside, and /or
2.	Resolution 2 made at an Extraordinary General Meeting of the Body Corporate on 14th June 2000 was unreasonable and be set aside.

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 Body Corporate for Balcombe Rise held an extraordinary general meeting on 14 June 2000. The minutes of the meeting record the following special resolution was passed in respect of motion 2:

“RESOLVED as a Special Resolution (yes:6, no: 1, abstain:0)

That approval be hereby given for the proprietor of unit 7 to carry out improvements by building an additional level on top of his unit over the common area roofline as per the attached sketches.”

The applicant has sought orders setting aside the resolution on a number of grounds.

I do not need to consider those grounds as the owner of lot 7, Ann Jackson-Hope, has made a submission that she does not intend to proceed with the proposed addition to her unit.

As it is not intended to act in reliance on the above resolution, I will make an order that it has no effect and is deemed to have been revoked.