Kellie Way [2003] QBCCMCmr 227 (18 November 2003)

Last Updated: 17 May 2005

REFERENCE: 0459-2003

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	15292
Name of Scheme:	Kellie Way
Address of Scheme:	31 Kingston Way, RACEVIEW, QLD, 4305

TAKE NOTICE that pursuant to an application made under the abovementioned Act by Ms Kathleen Seymour, the Owner(s) of lot 1

I hereby order, by consent of Kathleen Seymour, the owner of lot 1 (Kathleen) and Jade Franklin, the owner of lot 2 (Jade), having on 10 November 2003 reached a mediated settlement of their dispute, and having signed an agreement setting out the terms of settlement and having requested that a consent order be made for those settlement terms by an adjudicator pursuant to section 276(5) of the Body Corporate and Community Management Act 1997 ("the Act"), must abide by those agreed terms which are set out below: 1. Jade agrees to have a contractor remove the additional palings from the common fence; 2. Jade also agrees to have the lattice work at the front of his property removed; 3. Jade agrees to have a contractor reduce the height of the back fence to approximately 41/2 feet; 4. Kathleen agrees she will withdraw her concerns regarding the clothesline; 5. Kathleen agrees to withdraw concerns regarding changes to the lawn/backyard on the basis that it will be recorded in Body Corporate minutes; 6. Jade provided payment of $415.57 as back payment - $200.50 to Kathleen and remainder to Body Corporate to settle matters relating to Body Corporate insurance; 7. Kathleen will investigate new circuit breaker in meter box; 8. Kathleen has familiarised new owner and estate agent with Body Corporate conditions; 9. Kathleen agrees to provide documentation on Body Corporate conditions to new owner; 10. Awning mentioned in application has been removed.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0459-2003

"Kellie Way" CTS 15292

Application

Kellie Way Community Titles Scheme (Kellie Way) is a residential duplex under the Body Corporate and Community Management Act (Act).

This application was by Kathleen Seymour, the owner of lot 1 (applicant) seeking orders against Jade Franklin, the owner of lot 2 (respondent). The applicant alleged the respondent was making alterations without proper approval from the body corporate.

A title search indicates that both parties are still listed as registered owners. However, the mediated agreement indicates that a transfer of ownership of one of the lots is taking place.

Background

The applicant alleged the respondent has altered the lawn, fencing, clothesline and lattice work without body corporate approval.

The respondent has disputed certain allegations made and claims other alterations do not require approval. The respondent has also raised the issue in relation to payment of insurance for the scheme.

The parties attended a mediation to resolve their outstanding issues.

Order

This dispute was successfully meditated by the parties. I have made an order on the terms agreed by the parties.

No definite agreement has been made on the time frame in which the parties will undertake their agreed obligations. If the parties have not already undertaken these obligations they will need to be carried out within a reasonable time. I would expect this to be done within 30 days of the date of this order.