Tea Trees [2001] QBCCMCmr 180 (28 March 2001)

P J HANLYREFERENCE: 0043-2001

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	20878
Name of Scheme:	Tea Trees
Address of Scheme:	4 Itong Place CURRUMBIN WATERS QLD 4223

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

Rita Rosaria Blanzan, the owner of lot 46



I hereby order that within 1 month of the date of this order the body corporate shall permit the applicant to inspect the body corporate’s records.

I further order that the body corporate shall give advice of proposed future committee meetings to the applicant in accordance with section 28(2)(b) of the Body Corporate and Community Management (Standard Module) Regulation 1997.

I further order that the body corporate shall give a copy of future resolutions passed at committee meetings to the applicant in accordance with section 37(1) of the Body Corporate and Community Management (Standard Module) Regulation 1997 (Standard Module)

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0043-2001

“Tea Trees” CTS 20878

The applicant, Rita Rosaria Blanzan, the owner of lot 46, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act), quote -

1.	That the body corporate provides immediate access to the applicant to all body corporate records, be they electronic or paper, as required by section 162 of the Body Corporate and Community Management Act 1997.
2.	That the body corporate provides to the applicant notices of all future committee meetings as required by section 28(2)(b) of the Body Corporate and Community Management (Standard Module) Regulation 1997.
3.	That the body corporate provides to the applicant notices of all future resolutions passed at committee meetings as required by section 37(1) of the Body Corporate and Community Management (Standard Module) Regulation 1997.

Section 223(1) of the Act 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)).

In the supporting grounds, the applicant states that the body corporate has failed to comply with section 162 of the act to provide requested information in a timely and efficient manner although it was given ample opportunity to do so. The applicant provided copies of various correspondence which had passed between herself and the secretary of the body corporate, in support of her allegations. The applicant also states that the body corporate has failed to comply with sections 28(2)(b) and 37(1) of the Standard Module.

The body corporate committee was invited to respond to the application. The committee responded by stating that the applicant had been offered two opportunities to inspect the records and had cancelled the arrangements at short notice on both occasions. The committee further stated that the minutes of committee meetings are posted on the notice board at the scheme.





I note that there has been a previous order of an adjudicator in relation to this scheme (application 0627-2000). In the statement of reasons accompanying that order, dated 19 February 2001, the adjudicator found that:

“It is clear that the body corporate has not complied with the Act and the Regulation in some respects. In particular, I refer to the fixing of contributions and the holding of committee meetings....The body corporate and committee can take into account the deficiencies that have been shown by this application and should take action to address those deficiencies.”

I am satisfied that the body corporate has been tardy in allowing the applicant to inspect the body corporate records. I accept the applicant’s assertion that she was given insufficient notice of the two appointments to inspect the records. I propose to order that within 1 month of the date of this order the body corporate shall permit the applicant to inspect the body corporate’s records. I note that she has already paid the requisite fee to do so. I have allowed a period of one month so that the applicant and the secretary can arrange a mutually convenient time within that time frame for the inspection. I have not allowed such a time frame so that the body corporate can unnecessarily delay the inspection.

I am also satisfied that the body corporate has failed to comply with the requirements of sections 28(2)(b) and 37(1) of the Standard Module, and have made appropriate orders in this regard.2n