Tea Tree Grove At Hendra [2003] QBCCMCmr 282 (10 December 2003)

Last Updated: 17 May 2005

REFERENCE: 0479-2003

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	28335
Name of Scheme:	Tea Tree Grove At Hendra
Address of Scheme:	139 Pring Street HENDRA QLD 4011

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

Mr Geoff Gardiner & Ms Carolyn Morgan, the Owner(s) of lot 28

I hereby order, by consent of Margaret O’Brien and Anne Oliver, on behalf of the body corporate (Margaret and Anne) and Geoff Gardiner and Carolyn Morgan, the owners of lot 28 (Geoff and Carolyn), that having on 24 November 2003 reached a mediated settlement of their dispute, and having requested an adjudicator embody this mediated settlement in a consent order pursuant to section 276(5) of the Body Corporate and Community Management Act 1997 (Act), they must comply with the terms agreed, being: 1. Geoff and Carolyn agree to install a lattice screen to cover the air-conditioner, that is painted to match the building and finished in a workman-like manner; 2. Margaret will fax the ‘colour sheet’ to (#3268 7555) Carolyn, so that the correct colour can be purchased. I further order that, to ensure compliance with the Act and the by-laws for the scheme, this order is subject to body corporate approval of the mediated settlement.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0479-2003

"Tea Tree Grove At Hendra" CTS 28335

Application

Tea Tree Grove At Hendra Community Titles Scheme (Tea Tree) is a high rise residential scheme under the Body Corporate and Community Management Act (Act).

This application was by Geoff Gardiner and Carolyn Morgan, the owners of lot 28 (applicants) seeking an order against the body corporate for the scheme (respondent) to allow the applicants’ airconditioner to remain in place.

Background

This dispute was about the positioning of an airconditioning unit installed by the applicants.

The applicants claimed that they obtained verbal approval to install an airconditioner and consulted several airconditioning installers regarding the best position to place the external air compressor unit. They also claim that they contacted their neighbour to agree on a location. The neighbour has provided a submission confirming this.

The chairperson and the secretary of the body corporate provided a submission to the effect that architectural guidelines had been established to require external air cooled compressor units to only be located on ground level in the rear courtyard. The installation of the applicants’ external air compressor does not comply with these architectural guidelines.

A mediated settlement of the dispute has now been reached. This involves the applicants agreeing to install a lattice screen to cover the external air compressor unit.

Order

I have made a consent order in the form agreed at mediation.

I note that the mediated settlement requires the applicants to alter the external appearance of their lot. This requires the body corporate’s written consent (By-law 3 of the scheme). The order is therefore made subject to body corporate approval. The committee may already have given this approval in authorising the mediation. Otherwise, the committee can give its approval to the agreement reached at the mediation.