Galen House [2005] QBCCMCmr 752 (30 September 2005)

Last Updated: 13 July 2007

REFERENCE: 0379-2005A

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	11646
Name of Scheme:	Galen House
Address of Scheme:	142 Queen Street SOUTHPORT QLD 4215

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

R Tracey, the Owner of lot 2 and an Order of an adjudicator made on 29^th September 2005 reference 0379-2005 made in the following terms:-

I hereby order that the application for an order that "1. the owner and occupier of Lot 1 should l accept that they have to abide by the BCCMA; 2. that the owner and occupier of Lot 1 pay their fair share of repairs to utility infra structure on common property viz. repairs to the common fuse box situated on the exterior of the building; 3. the owner and occupier of Lot 1 contribute to the maintenance fund, John Watson is refusing to do so; 4. the owner and occupier of Lot 1 return moneys removed from the maintenance fund without consent, The owner has cancelled the maintenance fund with the Bank and removed all the money from this fund, taking 50% which he reckoned was his share; 5. the owner and occupier of Lot 1 realise that he cannot steal electricity from the owner and occupier of Lot 2, and should pay for the theft of his electricity. Some years back John Watson erected a floodlight at the rear of the building and had this floodlight burning day and night. I have only just found out that he has this wired into my electrical supply, which would account why he felt happy to leave it on 24 hours a day; 6. the owner and occupier of Lot 1 should realise that there should be regular meetings of the Body Corporate and that discussions should be rational, civilised and devoid of obscenities and threats of physical violence; 7. the owner and occupier of Lot 1must realise that he cannot carry out works on common property without the consent and consultation of the Body Corporate, eg in the past he has on at least 4 occasions had plumbers in who dug up the external drainage pipe causing complete blockage of the drainage system causing overflow of toilets. I have then had to call in plumbers to rectify the problem" is dismissed In lieu I order as follows :- a) that within 2 weeks of the date of this order the owner of Lot 1, Janette Watson be made a signatory to the Galen House Body Corporate account number 155009940 at St George’s Bank; b) that within 3 weeks of the date of this order the owner of Lot 1, Janette Watson pays into the body corporate bank account number 155009940 at St Georges Bank the sum of $719.34 being one half of the cost of the fuse box repair. c) that within 3 weeks of the date of this order the owner of Lot 2, Amalgamated Megadynamics Pty Ltd, pays into the body corporate bank account number 155009940 at St Georges Bank the sum of $1290 less the sum of any other amount that Amalgamated Megadynamics Pty Ltd or the applicant, Rodney Michael Tracey, director of Amalgamated Megadynamics Pty Ltd has paid into that account since 11th August 2005; I further order that within 6 weeks of the date of this order the body corporate convenes a general meeting to adopt a budget and decide contributions to be made to the sinking fund and administrative fund for the community title scheme of Galen House CTS 11646 . I NOW FURTHER ORDER AS FOLLOWS:- That within three (3) weeks of the date of this order that the owner of Lot 1, Janette Watson pays into the body corporate account number 155009940 at St Georges Bank the sum of $ 338.72 being reimbursement of the sum removed from the Galen House account number 041233071 on 6th May 2005

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0379-2005A

"Galen House" CTS 11646

I made an order on 29^th September 2005 in this matter reference 0379-2005.

Whilst I referred in my reasons for decision to the fact that no lot owner may remove funds from the body corporate account for his or her own benefit, I did not order that the owner of Lot 1, Janette Watson, return the sum removed by her from the then body corporate account.

The final sum in the account as given by occupier of Lot 1, Dr Watson, and not queried by the applicant, was $677.43, and the sum of $338.71 was sent to the applicant. I now order that the remaining balance of $338.72 be repaid into the new body corporate account by Janette Watson..

In all other respects I confirm the order made on 29^th September 2005 in matter reference 0379-2005.