Admiral's Cove No. 4 [2002] QBCCMCmr 256 (2 May 2002)

DP GardinerREFERENCE: 0063-2002

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	7279
Name of Scheme:	Admiral's Cove No.4
Address of Scheme:	Admirals Court

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

Mr Ulisse Angelucci, the Owner(s) of lot 1


DP GardinerI hereby order the body corporate to perform at its expense rectification work to the paved areas at the front and rear aspects of lot 1 including replacement of timber edging, as more fully described in the quotation from Kalinda Constructions Pty Ltd dated 11^th December 2001, a copy of which is annexed, and replacement of vertical verandah posts that have deteriorated2n
STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0063-2002

“Admiral's Cove No.4” CTS 7279

The applicant Mr Ulisse Angelucci, the Owner(s) of lot 1, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act), quote -

“the pavers to the front and back need lifting, and re-levelling and replacement together with timber edging that has rotted. At the annual general meeting my motion to carry out repair work was defeated. It has now become apparent that this is also a safety issue which was not fully understood by the new owner in attendance as repairs in this area are urgently needed. Photos are enclosed showing deteriorated and rotten upright posts.”

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)).

In the supporting grounds, the applicant describes the condition of the paving and the edging as well as the defective verandah posts and enclosed photographs.

Whilst no submissions have been received from other lot owners, or from the body corporate, the applicant has advised that the submission notice was sent to the other lot owners.

I am satisfied having looked at the plans and the information provided that rectification work is necessary and that the pavers and posts are located on common property.

As a result, the obligation to perform this work lies with the body corporate. This work should be carried out as a matter of urgency because of pressing safety issues.2n