Olims Hotel Brisbane [2002] QBCCMCmr 714 (11 December 2002)

P J HANLYREFERENCE: 0743-2002

INTERIM ORDER OF AN ADJUDICATOR

MADE UNDER PART 10 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	3563
Name of Scheme:	Olims Hotel Brisbane
Address of Scheme:	355 Main Street KANGAROO POINT QLD 4169

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

Jason Griffiths, the owner of lot 53


I hereby order that the application for an interim order that, pending further investigation by the Commissioner, all Olims body corporate committee meeting motions effective 29 October 2002 be suspended, and all current members of the committee be suspended from participating in any raised motions or elections of Olims Hotel Brisbane until an investigation by the Commissioner is carried out, is dismissed.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0743-2002

“Olims Hotel Brisbane” CMS 3563

The applicant, Jason Griffiths, has sought the following order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act), quote –

That motion 10 passed at the committee meeting held on 30 October 2002 be withdrawn.

That a ruling be made on the committee’s decision to replace the air conditioner in lot 29 at body corporate expense.

That a ruling be made on the validity of Steve Andelkvic’s membership of the committee.

That the adjudicator note the parking of two committee members’ vehicles in a personally allocated car park, and the installation of a non-approved air-conditioner in unit 102.

The applicant has also sought the following interim order of an adjudicator, quote –

I hereby request that an interim order be put in place, pending further investigation by the Commissioner, suspending all Olims body corporate committee meeting motions effective 29 October 2002, and suspending current members of the committee from participating in any raised motions or elections of Olims Hotel Brisbane until an investigation by the Commissioner is carried out.

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 applicant expresses concern over a number of committee decisions made in recent times relating to the replacement of carpet and an air conditioner in lot 29, owned by a committee member, Colleen Hackett, and the presence on the committee of another owner, who has, in the applicant’s view, also been engaged by the body corporate as a service contractor. Finally, the applicant expresses concern over parking issues, and the allegedly unauthorised installation of an air conditioner in unit 102 (lot number not supplied).

The body corporate committee is the administrative arm of the body corporate, responsible for its day-to-day business. The interim order sought by the applicant would essentially suspend all body corporate business until a final order is made. It is not the practice of this office to take such draconian action unless compelling circumstances exist to justify the order. I am not persuaded that the circumstances outlined by the applicant warrant the interim sought. All matters in respect of which he seeks a final order can be investigated, and then, after relevant parties have had the opportunity to make submissions, and if appropriate, orders redressing the situation can be made.

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.