Vielpa [2002] QBCCMCmr 160 (26 March 2002)

DP GardinerREFERENCE: 0645-2001

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	13821
Name of Scheme:	Vielpa
Address of Scheme:	13 Buckland Road NUNDAH QLD 4012

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

Miss Valerie Elizabeth Wilson, the Owner of lot 6



DP GardinerI hereby order that the application for orders by the owner of lot 4 regarding the usage of barbecues and the conduct of other occupants is dismissed.2n
STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0645-2001

“Vielpa” CTS 13821

The applicant Miss Valerie Elizabeth Wilson, the Owner of lot 6, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act), quote -

“that barbecues not be used on balconies of this property and compliance with the Body Corporate and Community Management Act 1997 be complied with at all times by owners, their tenants and agents.”


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 ma contain ancillary or consequential provisions the adjudicator considers necessary or appropriate (section 230(1)).

In the supporting grounds, the applicant has provided a long and detailed account of those matters of which she makes complaint. In summary, the applicant takes issue with the usage of barbecues by the occupants of lots 2 and 6, the level of noise from other lots, parking of vehicles ad sundry other matters such as the placing of rubbish in her wheelie bin and the draping of items over the balcony rails of other lots.

Whilst I have not set out in detail all the information supplied by the Applicants, I have carefully considered all the submissions which she has made.

I have also carefully read the submissions received from the owners of lots 1,2 and 6.

In my opinion, the applicant has not satisfied me that her complaints regarding the usage of barbecues and the conduct of others are borne out by the information supplied to me by all the parties involved in this matter. With all due respect to the applicant, I think her complaints are exaggerated and seek to deny the occupants of other lots their entitlement to legitimately use the premises they occupy in accordance with the by-laws.

I do not intend to make the orders sought by the applicant and accordingly dismiss the application.




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