Mapleton [2001] QBCCMCmr 644 (21 December 2001)

P J HANLYREFERENCE: 0719-2001

INTERIM ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	26608
Name of Scheme:	Mapleton
Address of Scheme:	26 Whytecliffe Street ALBION QLD 4010

TAKE NOTICE that pursuant to an application made under the abovementioned Act by Veronica Mary Ann Ford and Norman John Ford, the owners of lot 1

I hereby order that the applicants Veronica Mary Ann Ford and Norman John Ford are not required to give a key to their exclusive use area to other owners within the scheme.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0719-2001

“Mapleton” CMS 26608

The applicants, Veronica Mary Ann Ford and Norman John Ford the owners of lot 1, have sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act), quote –

I request the gas hot water system which is located in my exclusive use courtyard and which services (3) units to be relocated to the other side of the courtyard fence.

The applicants have also sought the following interim order of an adjudicator, quote -

1. That we be exempt from giving keys for our exclusive use courtyard to other owners of Mapleton.

2. Body corporate to relocate the hot water system that services (3) units from the current location in our exclusive use courtyard to the other side of the fence so as to give access to all owners...

Section 225(1) of the Act 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 would like to have the hot water system which is currently located in their exclusive use courtyard, relocated so that the other owners whose lots are also serviced by the hot water system can have access to the system, and re-light the pilot light if it should go out. The applicants also state that the overflow pipe from the hot water system makes their tiled courtyard very slippery and dangerous.

The body corporate manager and all owners were invited to respond to the application. The body corporate manager stated that the issue was one which should be decided by the owners within the scheme, and that therefore the body corporate manager does not support or oppose the application. The body corporate manager then provided some historical background and copies of certain correspondence. None of the owners responded to the application.

I do not intend to make the second of the interim orders sought, as it is identical with the final order sought. Such an order will be considered by me after proper investigation. I might say at this stage that I consider it inconvenient to have a hot water system servicing multiple lots located inside an exclusive use area for one of those lots. I shall have further comment on this matter in the final order.

In the meantime, however, I do propose to order that the applicants are not required to hand over a key to their exclusive use area. If there is a problem with the pilot light, appropriate arrangements for access to the hot water system will have to be made with the applicants.

This matter will now be investigated in accordance with the usual processes undertaken by this office. A final order regarding the application will be made in due course.

All parties should note the provisions of section 225(2) of the Act which provides that -

An interim order -

a)	has effect for a period (not longer than 3 months) stated in the order; and
b)	may be extended, renewed or cancelled by the adjudicator until a final order is made; and
c)	may be cancelled by a later order made by the adjudicator; and
d)	if it does not lapse or is not cancelled earlier - lapses when a final order is made by the adjudicator.

All parties should be aware of this section and its effect on this interim order. In particular, the applicant may need to request a renewal of the interim order, if a final order is not made within 3 months. The onus of renewing an interim order rests with the applicant. This office will not automatically renew an interim order.2y