Silva Lake [2002] QBCCMCmr 53 (1 February 2002)

DJ ReardonREFERENCE: 0527-2001

ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	4380
Name of Scheme:	Silva Lake
Address of Scheme:	280 Christine Avenue STEPHENS QLD 4227

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

Gavan Parker, the Owner of lot 5



DJ ReardonI hereby order that the application for an order “That the inside Body Corporate timber fence and timber lattice that is attached above the height of the fence at unit 1 which has been painted Blue, be repainted in a colour in keeping with the colour scheme of Silva Lake as approved at EGM held 22.3.2001”

is dismissed2n
STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0527-2001

“Silva Lake” CTS 4380

The applicant, the Owner of lot 5, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (“the Act”), quote -

“That the inside Body Corporate timber fence and timber lattice that is attached above the height of the fence at Unit 1 which has been painted Blue, be repainted in a colour in keeping with the colour scheme of Silva lake as approved at EGM held 22.3.2001”

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 community management statement for the scheme indicates that the Body Corporate and Community Management (Standard Module) Regulation 1997 (“the Standard Module”) applies to the “Silva Lake” community titles scheme.

This application concerns a lot owner painting a timber fence (including some lattice work) blue. From the material before me it appears that the fence is located on the boundary of the scheme land.

The applicant has provided photographs that illustrate the blue fence, as well as other areas of the scheme land. The applicant contends that the colour of the fence is not in keeping with the colour scheme that applies to the other lots and common property for the scheme. This position is supported in a number of written submissions made by other owners in response to the application.

The applicant is seeking an order that the fence and latticework be repainted in a colour that is in keeping with the colour scheme of Silva Lake, as approved at an extraordinary general meeting held on 22 March 2001.

In facsimiles to this office on 3 December 2001 and 10 December 2001, the applicant indicates that the fence has been “repainted using one of the colours now used on the building of Silva Lake” in early December 2001. In light of this development, I consider that the order sought by the applicant has been satisfied, and further I consider that there is no purpose in me making an order in the terms sought by the applicant. For this reason I intend to dismiss the application.2n