Gemview Court [2000] QBCCMCmr 680 (22 December 2000)

P J HANLYREFERENCE: 0749-2000

INTERIM ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	20898
Name of Scheme:	Gemview Court
Address of Scheme:	6/410 Chatswood Road SHAILER PARK QLD 4128

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

Oliver Black and Patricia May Black, the owners of lot 6



I hereby order that the application for an interim order that the replacement of pavers authorised by the body corporate at the extraordinary general meeting held on 19 December 2000 be placed on hold, is dismissed.

I further order that the body corporate shall fix a special contribution to be levied on lot owners for the cost of repair of the pavers, authorised to proceed at the extraordinary general meeting held on 19 December 2000.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0749-2000

“Gemview Court” CMS 20898

The applicants Oliver Black and Patricia May Black, the owners of lot 6, have sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act), that the cost of the replacement of pavers be paid for by way of a special levy, rather than from monies held in the sinking fund.

The applicants have also sought an interim order of an adjudicator in similar terms.

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)).

In the supporting grounds, the applicants state that they are happy for the work to be carried out, but do not believe that it should be paid for from monies already held in the sinking fund, and should instead be paid for by way of a special levy.

The body corporate manager was invited to respond to the application. No response was received in the short time allowed.

The Standard Module regulates this scheme. Section 95(2) provides as follows:

(2) If a liability arises for which no provision, or inadequate provision,

has been made in the budget, the body corporate must, by ordinary

resolution—

(a) fix a special contribution to be levied on the owner of each lot

towards the liability; and

(b) decide whether the contribution is to be paid in a single amount or

in instalments and, if in instalments, the number of instalments;

and

(c) fix the date on or before which payment of the single amount or

each instalment is required.

It would appear from the material provided that the body corporate has not budgeted for the pavers to be repaired. Accordingly, the owners should be levied for the cost of such work. I have therefore dismissed the interim order, but, in addition, I have ordered that the body corporate shall levy owners for the cost of the repair of the pavers.

In the circumstances, it is not intended to invite further submissions regarding this matter, or to make a further order, since this decision, though an interim one as sought by the applicant, is final in its determination of this matter. If the applicant considers that an appeal of this decision is warranted, then it should appeal the interim order.