The Terraces Tarragindi [2001] QBCCMCmr 2 (4 January 2001)

C G YOUNGREFERENCE: 0212-2000

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	23529
Name of Scheme:	The Terraces, Tarragindi
Address of Scheme:	177 Ekibin Road East TARRAGINDI QLD 4121

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

Marvan Janice WHITE, as the owner of Lot 5,



C G YOUNGI hereby order that the application for an order that the rectification of the scheme’s stormwater drainage system be pursued through the Building Services Authority, is dismissed.2n
STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0212-2000

“The Terraces, Tarragindi” CTS 23529

This is the final order to an application by Marvan White of Lot 5 who sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (“the Act”), quote -

That the upgrading of the drainage system at Terraces Tarragindi be pursued through the BSA (acting on the hydrologist’s report), in preference to the owners paying upfront to remedy the problems resulting from the builder’s faulty work.

The applicant also sought an interim order and on 5 May 2000 the following Interim Order 212-2000 was issued, quote -

I hereby order that resolutions passed in respect of Motions 8, 9, 10 and 11 at the annual general meeting of the body corporate held on 4 May 2000, all being motions concerning the rectification of the scheme’s stormwater drainage system, must not be implemented or in any way acted upon until such time as the dispute is determined by a final order to this application.

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)).

Since my teleconference with the parties, Marvan White as applicant and Kathy Fraser as chairperson representing the respondent body corporate, and the issuing of the above interim order, the body corporate has been advised by the Building Services Authority that it will take no further action in the matter. This left the body corporate with the responsibility to carry out the repairs itself though with the Brisbane City Council contribution of half the cost in acceptance of its partial responsibility in the matter.

I have been informed by the applicant that the body corporate has carried out further investigations and obtained a second opinion and quote for the rectification work at a cost of less than half that of the original quote of $20,890. Owners have accepted that this alternative repair (with the retaining wall being found to be unnecessary) will meet its needs and rectify the drainage problem with the neighbouring property of Mrs Winters. Given the reduced cost, the Council is to be approached to see whether it will accept responsibility for the whole cost.

It seems that the body corporate has now resolved the matter to the satisfaction of all owners, including the applicant. In the circumstances I will dismiss the order as originally sort.



2n