Austen Lodge [2002] QBCCMCmr 479 (1 August 2002)

RA MeekREFERENCE: 0364-2002

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	10735
Name of Scheme:	Austen Lodge
Address of Scheme:	5/34 Dunns Terrace, SCARBOROUGH QLD 4020

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

David Roy Peters and Annette Stephenson, the co-owners of lot 5



RA MeekI hereby order that, by mediated agreement, the parties have determined to hold a general meeting of the body corporate within two (2) months of the date of this order to consider and determined matters including –

• the election of a committee,

• the determination of administration and sinking fund budgets,

• the determination of adequate contributions,

• the confirmation of insurances,

• the priorities for maintenance,

• and any other matter raised by owners for determination by the body corporate in general meeting.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0364-2002

“Austen Lodge” CTS 10735

The applicants, David Roy Peters and Annette Stephenson, the co-owners of lot 5, have sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act), quote -

1. That an AGM be held in accordance with body corporate rules.

2. That admin and sinking fund budgets be presented.

3. That body corporate fees reflect true cost of maintaining property ($240 per unit being inadequate).

4. That necessary repairs and ongoing maintenance be carried out immediately.

5. That issues of use of common property be resolved.

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.

In addition, section 199 of the Act provides that the application may be the subject of departmental adjudication limited to the making of an order with the consent of all the parties to the application, whether or not for formalising the substance of an agreement reached at mediation.

It was determined by the commissioner that the application should be the subject of departmental mediation. I was appointed the mediator for the purposes of conducting the mediation. The mediation session was held on 1 August 2002.

In the context of mediation, the parties agreed to resolve the issues raised in the application. The parties agreed to hold a general meeting in order to reinstate the body corporate on a proper legal footing, and as a basis for then considering other aspects of the dispute including budgets, levies, and maintenance priorities. In the circumstances, I propose to order that this agreed meeting be held by the body corporate within two (2) months of the date of the mediation. I have ordered accordingly.

As part of this order, I have arranged for each party represented at the mediation to receive a copy of information brochures which I consider to be relevant to the matters discussed at mediation.
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