Minden Court [2004] QBCCMCmr 4 (7 January 2004)

Last Updated: 30 September 2005

REFERENCE: 0158-2003

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	11648
Name of Scheme:	Minden Court
Address of Scheme:	23 Heath Street SOUTHPORT QLD 4215

TAKE NOTICE that pursuant to an application made under the abovementioned Act by Mr J Brkic, the Owner(s) of lot 13

I hereby order that the application for an order to require the body corporate to repair the roof of the building and rectify damage caused by water leakage is dismissed.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0158-2003

"Minden Court" CTS 11648

Application

Minden Court Community Titles Scheme (Minden Court) is a 15 lot scheme under the Body Corporate and Community Management Act (Act) and the Act’s Standard Module Regulation (Standard Module). The scheme is designed for residential purposes.

This application is by Josip Brkic (applicant) seeking orders against the body corporate (respondent). The applicant is seeking an order to require the body corporate to repair the roof of the building and rectify damage caused by water leakage.

Background

This application has taken a number of months to reach the point at which a decision can properly be made. In the time taken to decide the application it appears that the body corporate has addressed the substance of the applicant’s complaint.

The application was originally lodged in March 2003 but amended in April 2003. The period for submissions from owners closed in June 2003. The substance of the applicant’s complaint was that the roof of the building leaked and parts of the applicant’s lot had been damaged by the leakage. The submission from the body corporate, in June 2003, claimed that the roof was no longer leaking and the repair of the applicant’s lot had been referred to the body corporate’s insurers. The applicant did not dispute this submission.

In July 2003, the body corporate provided a further submission that the body corporate’s insurers had authorised the repair of the applicant’s lot. This office has contacted the applicant in relation to this submission but has not received any formal response indicating that further repairs are needed.

Decision

Under the Body Corporate and Community Management Act (Act), an adjudicator to whom an application is referred may make an order that is just and equitable to resolve a dispute of the kind covered by the Act (Act, 276).

It appears that the body corporate or its insurers were slow in addressing the repairs. However, the body corporate submits that the applicant’s claims have been addressed and the applicant has not provided any satisfactory evidence to the contrary.

It therefore seems questionable that there is any continuing dispute over which I have jurisdiction to make the orders sought. Even if I have jurisdiction to make the orders sought, as a matter of discretion I would refuse to make the orders sought on the basis that the applicant has not provided sufficient evidence to satisfy me that those orders are necessary.

Order

For these reasons, the application is dismissed.