Inga-Tarni [2006] QBCCMCmr 307 (14 June 2006)

Last Updated: 19 December 2006

REFERENCE: 0117-2006

INTERIM ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	14596
Name of Scheme:	Inga-Tarni
Address of Scheme:	7 Fifteenth Avenue PALM BEACH QLD 4221

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

Scott Bradley Hand & Melissa Monica Tommasi, the (then) co-owners of lot 2

I hereby order that the application for an order that the body corporate be prevented from replacing the verandah as resolved by special resolution on 17 November 2005 is dismissed.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0117-2006

"Inga-Tarni" CTS 14596

APPLICATION

The applicants sought an order of an adjudicator under the Body Corporate and Community Management Act 1997 (the Act) that the body corporate be prevented from replacing the verandah at the scheme, as resolved by special resolution on 17 November 2005.

The applicants stated that they believed the verandah could be repaired more economically, resulting in a saving to each lot owner of around $2,250.00.

All owners were invited to respond to the application.

The only response was received from the owner of lot 3 who advised that the applicants had sold their lot, and that the application should therefore be dismissed so as to enable the body corporate to proceed with the work. (The owner of lot 3 had purchased the applicants’ lot and therefore now owned 2 lots in this 4 lot scheme).

JURISDICTION

The application evidenced a dispute between the owners of a lot included in a community titles scheme and the body corporate for the scheme (Act s227(1)(b)).

Section 276(1) of the Act provides that an adjudicator may make an order that is just and equitable in the circumstances (including a declaratory order) to resolve a dispute, in the context of a community titles scheme, about-

(a) a claimed or anticipated contravention of the Act or the community management statement; or

(b) the exercise of rights or powers, or the performance of duties, under the Act or the community management statement; or

(c) a claimed or anticipated contractual matter about-

(i) the engagement of a person as a body corporate manager or service contractor for a community titles scheme; or

(ii) the authorisation of a person as a letting agent for a community titles scheme.

An order may require a person to act, or prohibit a person from acting, in a way stated in the order (section 276(2)). An adjudicator's order may contain ancillary and consequential provisions the adjudicator considers necessary or appropriate (section 284(1)).

DETERMINATION

Events have overtaken this application. As the applicants have sold their lot, they have no continuing interest in the outcome. There are only 4 lots in the scheme, and the owners of lots 1 and 4 did not respond to the application, having voted, together with the owner of lot 3, in favour of the verandah replacement at the annual general meeting held on 17 November 2005.

I am therefore satisfied that the application should be dismissed.