Miami Beach Apartments [2001] QBCCMCmr 44 (31 January 2001)

P G DanielsREFERENCE: 0594-2000

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	3192
Name of Scheme:	Miami Beach Apartments
Address of Scheme:	8 - 12 Marine Parade MIAMI QLD 4218

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

Louis Malcolm Tetley-Jones a co-owner of lot 1



P G DanielsI hereby order that the application for the following orders:

Clarification of the use of sinking fund money which has been levied on and paid by lot owners being used for purposes other than what that money was intended for, that is maintenance and repairs.

Prevent the use of sinking fund money being used for costs associated with a redevelopment proposal because there does not appear to be any allocation for such use of this money in the 2000 budget.

is dismissed.

I further order that a copy of the order and accompanying reasons in application 581-2000 be provided to any person who receives a copy of the order and accompanying reasons in application 594-2000.1n
STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0594-2000

“Miami Beach Apartments” CTS 3192

The applicant, Louis Malcolm Tetley-Jones, a co-owner of lot 1, has sought the following orders of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act):

Clarification of the use of sinking fund money which has been levied on and paid by lot owners being used for purposes other than what that money was intended for, that is maintenance and repairs.

Prevent the use of sinking fund money being used for costs associated with a redevelopment proposal because there does not appear to be any allocation for such use of this money in the 2000 budget.

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 background facts and the grounds of the applicant are the same as those in application 581-2000.

I dismiss the application for the same reasons I have given in application 581-2000. I will order that a copy of the order and reasons in application 581-2000 be given with the order and reasons in this application.1n